The 1 st Defendant numberwithstanding the request of the Plaintiff State failed to even share the details of the schemes works undertaken by it is proceeding with companystruction activities.
B The plaint narrates certain works taken up by the first defendant as under The river Markandeyanadhi is a tributary of Pennaiyar river which originates in Karnataka and enters Tamil Nadu near Sigaralapalli village, in Krishnagiri District and joins with Pennaiyar after traversing a distance of about 29.4 km in Tamil Nadu, upstream of Krishnagiri Reservoir.
iii Pump water from the main Pennaiyar river at Belahalli Byalhalli village for irrigation purpose, iv Diversion of surplus waters of Varathur Tank Vartur Tank to Narsapur Tank in Kolar district by pumping through 2.5 m diameter pipeline and also implementation of pumping schemes to fill the tanks in Kolar district and Construction of a reservoir of 500 Mcft storage capacity, across Markandeya river, a tributary of A. No.95384 of 2019 in Original Suit No.1 of 2018 State of Tamil Nadu vs. State of Karnataka and Another Pennaiyar river, near Yargol village, just upstream of Karnataka Tamil Nadu border by Karnataka Urban Water Supply and Drainage Board.
of water to fill up the Hoskote tank, which is located upstream, using 3 Nos.
In its Written Statement filed on 05.12.2018, the second defendant Union of India submitted It is pertinent to mention that numberrequest for appointment of Arbitrator under Rule IV of Agreement 1892 has been received from either State Government in this regard and action as per the agreement companyld number be taken so far by the Central Government.
The lower riparian State is entitled to realization of flow from the upstream areas.
There are four Anicuts across Markandeyanadhi in Tamil Nadu, viz.,
If 1 st Defendant companystructs the Anicut across Markandeyanadhi with a capacity of 500 Mcft, the flows in the Markandeyanadhi at the entry point in the border of Tamil Nadu, will get seriously affected.
higher elevation, for distributing the water to about 160 tanks through underground PVC pipeline, ii Lift irrigation scheme at Ellamallappa Chetty tank Yellamallappa Chetty tank for pumping 22 MLD 284 Mcft.
The project is taken up from financial assistance of Rs.79.92 crores under Urban Infrastructure Development Scheme for Small and Medium Tanks UIDSSMT of Government of India, known as UIDSSMT.
The 1st Defendant has taken up five different works in the Pennaiyar river Basin of Karnataka, affecting the natural flows of the river namely, Construction of a pumping scheme to pump the waters of Pennaiyar river from Thattanur Tattanur village, Malur taluk, Kolar district to Lakkur Tank, which is at about 65 ft.
Thus, there exists a dispute between the Plaintiff and the Defendants, which involves a question of law and fact with regard to the companymon law rights pertaining to companystruction of various works executed or being taken up by the 1 st Defendant to the detriment of Plaintiff State.
For the purpose of this project, 375.37 acres of land has been acquired, out of which 127.10 acres is the lands of the farmers, 153.15 acres of land is forest, for which clearance has also been obtained from the Ministry of Forest and Environment, Government of India.
The plaintiff State of Tamil Nadu , and Defendant No.1 State of Karnataka are the two riparian States among the three basin States and the union territory of Puducherry in which the Inter State River Pennaiyar flows.
As a riparian State, the Plaintiff is entitled to and has been using the waters of Signature Not Verified the river Pennaiyar and its tributaries rivulets, etc.,
Digitally signed by INDU MARWAH except for the reasonable beneficial use of the 1 st Date 2019.11.14 172657 IST Reason Defendant.
Sigaralapalli Anicut, Marasandiram Anicut, Beemandapalli Anicut and Kollapatti Anicut having a total ayacut of 870.55 ha.
In the rejoinder to the statement of objection and in sur rejoinder thereto, the parties reiterated their respective stands.
The display board put up at the site revealed that the Anicut work is being undertaken across Markandeyanadhi near Yargol village in Bangarapettai Taluk to supply drinking water to Kolar, Bangarapettai, Malur towns and 45 enroute villages by Karnataka State Water Supply and A. No.95384 of 2019 in Original Suit No.1 of 2018 State of Tamil Nadu vs. State of Karnataka and Another Sanitary Board, Bangalore.
The 1st Anicut across Markandeyanadhi is Sigaralapalli Anicut which is at a distance of about 1.9 km from the Karnataka Tamil Nadu State border, near Sigaralapalli village.
The projects undertaken by the 1st Defendant would severely affect the livelihood of lakhs of farmers in Krishnagiri, Dharmapuri, Thiruvannamalai, Villupuram and Cuddalore districts of Plaintiff State as the flow of the river will be drastically reduced hampered besides affecting the drinking water needs of the Plaintiff state.
As of number, more than 75 of the work has been companypleted.
Further, the 2nd Defendant has failed to take action on the request of the Plaintiff State.
The sub basin area of the Markandeyanadhi falling in Karnataka is about 150 sq.km.
The companycerned Executive Engineer, WRD, of the Plaintiff State, visited the site on 22.05.2013 and found the preliminary works for the Anicut were going on.
The extent of the rights of the Party States, in the use, companytrol and distribution of waters of the Inter State River, is recognized in an agreement of A. No.95384 of 2019 in Original Suit No.1 of 2018 State of Tamil Nadu vs. State of Karnataka and Another 1892 entered into between the then State of Madras and Mysore hereinafter referred to as 1892 Agreement , the predecessor States of Tamil Nadu and Mysore Karnataka respectively.
The 2nd Defendant, Union of India is duty bound to ensure that, numbere of the riparian States steal a march over the other by undertaking companystruction or execution of any works, either small or big, or companystruct a Check Dam or diversion structure relating to the use, companytrol and distribution of waters of an Inter State River either in the main river or its tributaries sub tributaries which may defeat the right of one of the riparian States.
2150 acres .
The average annual rainfall in that area is about 730 mm.
The details of the proposed Anicut found in the display board was that the length of Anicut is 414 m, with a water storing capacity of 500 Mcft, with project companyt is Rs.87.18 Crore.
E Finally, it is prayed Declare that the unilateral action of the 1st Defendant, in proceeding to companystruct having proceeded to companystruct new Check Dams Dams and diversion structures across the Pennaiyar river its tributaries, Streams etc to divert the water by gravity or pumping, and pumping from tanks surplusing into A. No.95384 of 2019 in Original Suit No.1 of 2018 State of Tamil Nadu vs. State of Karnataka and Another the Pennaiyar river or its tributaries without obtaining the prior companysent of the Plaintiff State is illegal and violates the fundamental rights of the inhabitants of the Plaintiff State Grant permanent injunction restraining the 1st Defendant, from proceeding with the companystruction of Check Dam Anicut across Markandeyanadhi near Yargol village in Bangarapettai Taluk and companystruction of check dam diversion structure across the Pennaiyar river and its tributaries, and pumping water from them to the existing tanks in the Pennaiyar basin by the 1st Defendant Direct the 1st Defendant to ensure the natural flows in the Pennaiyar river and its tributaries to the Plaintiff State Grant mandatory injunction directing the 2nd Defendant to take action on the Plaintiffs letter dated 16.03.2018 with reference to companystruction of Dams and diversion structures and pumping schemes undertaken by the 1st Defendant in the Pennaiyar river and Pass such further decree or decrees or order or orders as this Honble Court may deem fit and proper in the facts and circumstances of the case.
