Tamil Nadu govt moves SC against NGT order on Mekedatu dam

CHENNAI: The Tamil Nadu government on Wednesday moved the Supreme Court challenging an order of the principal bench of National Green Tribunal that quashed a suo motu proceedings of its southern regional bench setting up a committee to study if any construction activity had been started at Mekedatu dam site without requisite clearance and if any damage had been caused to the environment.
Based on a TOI report in May, NGT's southern bench had set up a committee of representatives from the Union environment ministry, Cauvery water management authority, Karnataka's Cauvery Neeravari Nigam and forest department to ascertain the genuineness of the allegations on the preliminary work.
The Karnataka government filed a review before the NGT's principal bench in Delhi in June. "The tribunal disposed of the review application filed by Karnataka based on the assertion made in the application, without affording an opportunity to the appellant (TN government) to file a reply," the petition said.
The case was disposed of on the first day of hearing on June 17. TN came to know about the application being listed before the NGT and requested the papers to be served by counsel appearing for Karnataka, which were served at 9.45am. When the matter was taken up by the principal bench, counsel for TN sought time to study the papers and file a reply. However, no time was granted, and the bench proceeded, the petition filed in the Supreme Court said.
The TN government contended that the principal bench's order was in violation of Rules 2011 (that deals with the application for review) and the bench, instead of remanding the matter to southern regional bench, proceeded to take up Karnataka's review application without recording any reason for taking up the same before the principal bench at Delhi.
TN argued the principal bench proceeded on an erroneous assumption that in the light of pendency of a miscellaneous application of the TN government in Supreme Court. It failed to consider the application pending adjudication was challenging the preparation of the report for Mekedatu balancing reservoir-cum-drinking water project, while the issue in the original petition was about road laying work without any forest and environment clearances.