The Supreme Court on Thursday declined to entertain the Tamil Nadu government’s plea opposing the Mekedatu Balancing Reservoir Project across the Cauvery river, holding that the challenge was “premature” since only the preparation of the Detailed Project Report (DPR) has been permitted at this stage.
A Bench led by Chief Justice of India BR Gavai, along with Justices K Vinod Chandran and NV Anjaria, said the Central Water Commission’s (CWC) decision does not allow Karnataka to begin construction and is limited to DPR preparation, which itself is conditional on expert review.
The Bench emphasised that the CWC’s order clearly states that the DPR can be prepared only after considering Tamil Nadu’s objections and the expert views of the Cauvery Water Management Authority (CWMA) and the Cauvery Water Regulation Committee (CWRC).
Quoting from the order, the court noted:
“At this stage, what is being done by the order passed by the CWC is only permitting the preparation of the DPR, that too after taking into consideration the objections of the State of Tamil Nadu, the experts of the CWMA and CWRC.”
The judges also highlighted that the CWC has mandated prior approval of both CWMA and CWRC before the DPR is taken up for consideration. In these circumstances, the Bench held that the plea “is at a premature stage”.
The court reiterated that the final decision on the project would arise only after the DPR is completed and assessed by CWMA and CWRC.
The Bench referred to its earlier August 25, 2023 order, where a three-judge Bench had declined to intervene in issues relating to the 2023 monsoon, observing that the matter was best handled by technical authorities.
Reaffirming that view, the court said:
“We reiterate what was observed in our order dated August 25, 2023 that we don’t possess expertise. This court time and again reiterated that this court should refrain from areas which are best reserved for experts.”
While refusing to interfere at this stage, the Supreme Court reminded Karnataka that it remains bound by existing directions on water release to Tamil Nadu.
“If Karnataka fails to comply with the directions of this court, it faces the risk of committing contempt of the court,” the Bench cautioned.
The Mekedatu Balancing Reservoir is proposed at Kanakapura in Bengaluru South district, at the Karnataka–Tamil Nadu border. The project has long been a source of inter-state friction, with Karnataka asserting that it would help regulate Cauvery flow and Tamil Nadu claiming it would affect downstream supply.
With Thursday’s order, the Supreme Court has kept the door open for expert-led scrutiny of the proposal while declining to intervene before the statutory process is complete.
