Chennai (Tamil Nadu) [India], July 30 (ANI): The Madras High Court has directed the Tamil Nadu Chief Secretary, the Secretary of the Legislative Assembly, and the Union Ministry of Jal Shakti to file their responses inside two weeks in a petition filed by the AIADMK searching for to quash the modification handed by the Tamil Nadu Legislative Assembly calling for the structure of a tribunal within the Mekedatu dam subject.
On June 19, the Tamil Nadu Legislative Assembly handed a decision opposing the Karnataka authorities’s proposal to assemble the Mekedatu dam throughout the Cauvery River. The decision was amended to particularly urge the structure of a tribunal to deal with the Mekedatu dam subject.
The AIADMK, PMK, and the Communist Party of India (CPI) had opposed this modification. Subsequently, AIADMK Whip Agri Krishnamurthy filed fmekea petition earlier than the Madras High Court difficult the modification.
The petition said that the modification was not included within the copy of the decision circulated to MLAs on June 18 concerning the particular decision and that it was handed with none dialogue. It additional alleged that though the modification was not adopted unanimously, the decision was forwarded to the Union Government as if it had been handed unanimously.
Hearing the petition, a Division Bench comprising Chief Justice Sushrut Arvind Dharmadhikari and Justice G. Arul Murugan directed the Tamil Nadu Chief Secretary, the Secretary of the Legislative Assembly, and the Union Ministry of Jal Shakti to file their responses inside two weeks and adjourned the case.
Earlier, Tamil Nadu Chief Minister C Joseph Vijay wrote to Prime Minister Narendra Modi over the proposed Mekedatu challenge, urging the Centre to safeguard the pursuits of the decrease riparian states and be certain that any resolution on the challenge is in step with the Cauvery Water Disputes Tribunal (CWDT) Award and the Supreme Court’s judgment on the Cauvery water dispute.
In the letter, Vijay referred to the reply given by the Minister of State for Jal Shakti within the Rajya Sabha to an unstarred query on the Mekedatu challenge, which said that the Supreme Court’s judgment dated February 16, 2018, doesn’t expressly stipulate that Karnataka ought to receive the consent of the decrease riparian states earlier than establishing a construction throughout the Cauvery River.
Describing the reply as ‘disappointing’, he mentioned it appeared to have been made with out considering the prevailing authorized place and settled legislation concerning the consent of decrease riparian states.
The Chief Minister cited the Constitution Bench judgment in State of Karnataka vs State of Andhra Pradesh regarding the Alamatti challenge, stating that the Supreme Court had dominated that Karnataka couldn’t undertake such building with out the consent of the decrease riparian state, which is totally mandatory.
Referring to the CWDT Award, Vijay mentioned the Supreme Court had expressly affirmed Clause XVIII of the Tribunal Award, below which every state could regulate waters inside its territory solely in a fashion in step with the Tribunal’s instructions. He argued that any challenge able to affecting the regulated move of the Cauvery should due to this fact be examined for consistency with the Award. (ANI)