PRESS RELEASE – Networking of Rivers
Present status
about networking of rivers and the Cauvery issue. The following information received
under Section 6 of RTI act from the Union of India.
(என்னுடைய பொது நல வழக்கில் உச்சநீதிமன்ற நதிகள் இணைப்பை குறித்து வழங்கிய தீர்ப்பின் அடிப்படையில், மத்திய அரசு எடுத்த நடவடிக்கைகள் என்ன? காவிரி மேலாண்மை வாரியம் குறித்தான மத்திய அரசின் நிலைப்பாடு என்ன? என தகவல் அறியும் உரிமைச் சட்டத்தின்படி மத்திய அரசிடம் மனு அனுப்பியிருந்தேன். அது குறித்து பெறப்பட்ட பதில் கடிதங்களையும் இத்தோடு இணைத்துள்ளேன். பல செய்திகள் அறியப்படாமல் இருப்பதால், ஊடகங்களும், ஏடுகளும் இதை வெளியிட வேண்டுகிறேன். )
நன்றி. வணக்கம்.
-K.S. Radhakrishnan
Advocate,
Spokesperson, DMK.
25/10/2017
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K.S.RADHAKRISHNAN,
Advocate 09.08.2017
4/359,
Sri Chaitanya Avenue,
Anna
Salai, Palavakkam.
Chennai
– 600041
(APPLICATION
UNDER SECTION 6 OF RIGHT TO INFORMATION)
To
The Central Public Information Officer
Under Secretary (RTI)
Hon'ble the Prime Minister's Office
South Block, New Delhi 110 001
Shri. Kishore Bandyopadhyay
Under Secretary/Central Public Information Officer
Cabinet Secretariat, Rashtrapati Bhavan
New Delhi 110 004
The Central Public Information Officer
Under Secretary (coord)
Room No. 401C
Ministry of Water Resources, RD & GR
Shram Sakthi Bhavan
Rafi Marg, New Delhi 110 001
Dear Sirs,
The issue of
Nationalizing all Rivers in our Country and interlinking all the Rivers (ILR)
and in particular the rivers in the Southern Peninsula namely Ganga, Mahanadhi,
Krishna, Cauvery, Vaigai, Tamarabharani and Neyyaru in southern tip of Cape
Kumari is being live for the past several decades and the petitioner has shed
his tireless work for the past 30 year
to get very immaculate and most important
as well as sacred order from Hon'ble Supreme Court of India for the
benefit of the Nation and its People.
The said 3
Judges Bench (Hon'ble Justice Mr. S.H.Kapadia, Chief Justice of Supreme Court,
Hon'ble Justice A.K.Patnaik and Hon'ble Justice Swatanter Kumar) passed order
in my Writ Petition (C) 668/2002 on the file of Supreme Court of India giving
big open to implement the Union of India's and Ministry of Water Resources'
Principle of interlinking rivers for the betterment of People of India and for
better economy growth to the Nation on the whole. The entire idea and master
mind of interlinking Rivers emerged from the think tankers of NDA government to
deal with the paradoxical situation of flood in one part of our Nation and
killing draught in the other part of our Nation at the same time. Hence I would like to seek some information
regarding the admissibility of Policy of Interlinking of Rivers and how far the
Union of India and particularly Ministry of Water Resources have moved forward
to achieve your admitted and agreed Principle of interlinking Rivers. Therefore,
on the basis of the order of the Hon'ble Supreme Court (2012 (4) SCC- page 51)
I hereby seek proper and correct response/information from your Ministry
/Office is concerned for the following queries hereunder:
Queries
1. Do the Union of India and Ministry of
Water Resources have drawn plan of interlinking of rivers viz., Ganga,
Mahanadhi, Krishna, Cauvery, Vaigai, Tamarabharani and Neyyaru in southern tip
of Cape Kumari?
2. Do the Union of India and Ministry of
Water Resources have drawn plan of interlinking Peninsular Rivers with Deccan plateau?
If so what is the status of the same?
3. How many rivers are west bound flowing
into Arabian Sea? What is quantum of average water flowing into Arabian Sea per
year in Kerala State?
4. What is the status of the interlinking
of rivers viz., Achan kovil-Pamba (Kerala Rivers - with Vaippar, Tamil Nadu?
5. Why the Ministry of Water Resources
failed to allot sufficient funds to complete the underway project of
interlinking rivers viz., Tamarabarani River-Karumeni River - Nambi River in
Tamil Nadu State?
6. When do the Ministry of Water Resources
will complete te above said underway project in Tamil Nadu?
7. What is the status of FR, DPR of
interlinking rivers of Cauvery -
Kundar and Pennar?
8. What is the status of National
Perspective Plan (NPP) formulated in 1980 by the Ministry of Irrigation and
Central Water Commission?
9. What is the status of accepting to
formulate High Powered Task Force (HPTF) by the Attorney General for India in
Supreme Court and the same was recorded in the order dated 31.10.2002?
10. As per the order dated 08.04.2005 of
Supreme Court wherein directed the UNION OF INDIA place all records of
Feasibility Reports (FR) intending linking rivers on website and the same shall
be easily available in the government
website which is to be more interactive for People to submit their response.
Does the UNION OF INDIA comply the same and what is the status of the said
website and whether still any FRs available in the said Website?
11. As per the affidavits of UNION OF INDIA
dated 25.10.2002, 05.05.2003 &24.12.2003 filed in this case before the
Hon'ble Supreme Court stating that the stand of UNION OF INDIA consider the
networking of rivers with great seriousness even after 1972 Rao committee
Report and to that surveys and studies were underway. Further the 1980 National
Perspective Plan (NPP) of the erstwhile Ministry of Irrigation, presently
Ministry for Water Resources envisaged
inter-basin
transfer from water surplus to water deficit areas. It would have direct
benefits like irrigation of 35 million hectares, full exploitation of existing
irrigation projects of 140 Mah, Power generation of 34 million kilowatt,
besides indirect benefits like flood control and controlling damages during
flood, Navigation, Water supply regularly, Fisheries, Pollution Control,
Recreation facilities, Generating
various employment and infrastructure and Socio-economic development,
etc. With regard to these, Ministry of Environment and Forests, UNION OF INDIA
had given some clearances and some of its clearance were refused.
(A) What are
projects are given clearances by Ministry of Environment and Forests as on date
as per your affidavits?
(B) Kindly
produce details of which are not given clearances by MEF?
(C) Whether UNION
OF INDIA/Ministry of Water Resources have taken any further steps to get
clearances of all proposed interlinking of rivers projects?
12. The Supreme Court observed that the scheme
of interlinking of rivers and Detailed Project Reports were expected to be
completed by Dec.2006. However, from the record, it appears that these DPRs
have not been completed even till today and it is under review by different
groups and authorities.
(A) Whether
the UNION OF INDIA prepared DPR for all interlinking of Rivers?
(B) Have the UNION
OF INDIA completed DPRs as on today?
(C) How many
DPRs are ready?
(D) How many
of DPRs are incomplete?
13. The Supreme Court observed it that the
National Water Development Agency (NWDA) was to begin the DPR for the first
link i.e., the Ken-Betwa Project which itself was expected to take 30 months
time. In this, the DPR has now been prepared, however the implementation is yet
to begin.
(A) Despite
this order passed in 2012, what is the status of this project as on date?
(B) Whether UNION
OF INDIA got all clearances to begin this interlinking project?
14. The
Supreme Court observed that the Standing Committee of the Parliament on Water
Resources submitted its report in the year 2004-2005 has commented that for the
purpose of preparation of DPR for Ken-Betwa link and Paarbati-Kalisindh-Chambal
link projects, a sum of Rs.14 cr. was earmarked out of the total Rs.35 cr.
allocated for NWDA. Further the Standing Committee had been constrained to
observe that though the Feasibility Report of the Ken-Betwa link was completed
in Nov.1996, the project is still at a nascent state. The Standing Committee
observed that if the Ministry of Water Resources, UNION OF INDIA had set frame
for finalization of issues like this, the precious time of eight years would
not have lost. The project still rests at that stage, though DPR has been
prepared for this link alone, no link project has reached the implementation
stage.
(A) Whether the UNION OF INDIA serious in
implements the Ken-Betwa? (B) What is the present status of this Ken-Betwa
project?
15. The report of National Council for Applied
Economic Research (NCAERT) of the year 2003-04 clearly opines that interlinking
of river projects will prove fruitful for the Nation as a whole and would serve
a greater purpose by allowing higher returns from the agricultural sector for the
benefit of the entire Country. And also it states the Industry service
sectors would grow 7.3%GDP. Importantly the expertise body pointed out a very important facet of interlinking of rivers would result
in reduction of some diseases due to the supply of safe drinking water and thus
serve greater purpose for humanity.
(A) Despite
the NCEAERT report gives clear picture of benefits of Interlinking of Rivers,
What is the present status on this aspect?
(B) Whether
the UNION OF INDIA and Ministry of Water Resources have plan of taking forward
the principally agreed Interlinking of Rivers still?
(C) Whether
the UNION OF INDIA and Ministry of Water Sources would take forward to
implement the healthy drinking water to those deprived citizens of India within
short time frame?
16. The Hon'ble Supreme Court observed in this
order in Para 47 that ".......such implementation (interlinking of Rivers)
would help advancement of India's GDP and bring greater wealth and prosperity
to the Nation as a whole. Besides, actual benefits accruing to the common man,
the UNION OF INDIA also gets benefit from definite possibility of saving the
States from drought on the one hand and floods on the other hand. This project
when it becomes reality, the same will provide immeasurable benefits. WE see no
reason as to why the UNION OF INDIA should not take appropriate and timely
interest in the execution of this project, particularly when?, but the various
affidavits of the Central and State Governments affirmed that Governments are
very keen to implement this project with great sincerity and effectiveness.
(A) While the
Supreme Court emphasized the importance and requirement of interlinking of
rivers, as to why UNION OF INDIA keep delay this project so much time?
(B) While the
UNION OF INDIA file its swearing affidavits affirming that UNION OF INDIA have
very sincere to implement the interlinking of rivers, But reality UNION OF
INDIA has not implemented any one interlinking of rivers project, so it is not
amount to contempt of the Court?
17. The report of National Commission for
Review of the Working of the Constitution (NCRWC) 2002 dealt with another
important facet of river interlinking i.e., Sharing of river waters. Explaining
the doctrine of river sharing, it described Doctrine of Riparian Rights,
Doctrine of Prior Appropriation, Territorial Integrity Theory, Doctrine of
Territorial Sovereignty, English Common Law Principal of Riparian Right,
Helsinki Accord principles, Doctrine of Community Interest, Doctrine of
Equitable Apportionment along with relative economic and social needs of
interested States, volume of stream and its uses and land not watered were
other relevant considerations.
(A) Despite
the NCRWC reports gives very clear views of benefits and rights over sharing
water, as to Why the UNION OF INDIA and Ministry of Water Resources have not
implemented interlinking of Rivers?
(B) Is it not
the sole duty and responsibility of the Ministry of Water Resources to
implement the entire project thru UNION OF INDIA?
(C) What are
the efforts or steps have so far taken by either UNION OF INDIA or Ministry of
Water Resources to consider the NCRWC Report of the year 2002?
18. The Hon'ble Supreme Court directed UNION
OF INDIA and particularly the Ministry of Water Resources, Government of India
to forthwith constitute a Committee to be called a "SPECIAL COMMITTEE FOR
INTER-LINKING OF RIVERS" (in short COMMITTEE) in this order dated
27.02.2012.
(A) Have the
Union of India or Ministry of Water Resources of Government of India
constituted the said COMMITTEE as directed by the Hon'ble Supreme Court?
(B) When was
the Committee constituted?
(C) If it is
constituted, provide the list of its Members, their capacities and their names
with phone numbers?
(D) If it is
constituted does it have any permanent Office premises is given?
(E) How many
times the Committee met for discussion so far?
(F) As per
the said Supreme Court Order, the Committee should have submitted its bi-annual
report to the Cabinet of the Union of India. Did the Committee submit any such
report to the Cabinet? And How many reports so far it is submitted?
(G) Whether
the Committee has constituted any sub-committee? If so what are sub-committees?
Yours Sincerely
K.S. RADHAKRISHNAN
Advocate & Spokesperson, DMK
Mobile No. 0-9840474606
Encl. Postal Order for sum of Rs. 10/-
--------------------------------------------
01st July, 2017
To
Hon’ble. Shri. Narendra Modi,
The Prime Minister of India,
New Delhi.
Respected
Sir,
Re: Linking of National rivers.
Vanakkam. I would like to bring your
kind attention on the issue of linking the national rivers. I had filed a Writ Petition WP (Civil) No. 668 of 2002 in this regard. I have
enclosed herewith my petition and the judgement of the Apex court dated
27/02/2012 for your esteemed consideration.
In my petition, I have stated the
following issues:
i)
To nationalise all
the rivers in our country;
ii) To interlink the rivers in the southern peninsular region
namely Ganga, Cauveri, Vaigai, Thamirabaran i and Neiyaaru Southern tip of
India;
iii) To formulate a scheme to channelize, divert and ensure
equitable distribution of water from west flowing rivers from Kerala to Tamil
Nadu and also link Achankoil – Pamba from Kerala to Vaiparu
river, Tuticorin District of State of Tamil Nadu. (This water diverted from
Kerala will irrigate Kaniyakumari, Tirunelveli, Tuticorin, Virudhunagar, Theni,
Dindugal and Coimbatore Districts.)
.. 2 ..
.. 2 ..
The Hon’ble Supreme Court of India
was pleased to pass the judgement dated 27th February 2012, wherein
the Hon’ble
Supreme Court had observed that the subject matter is of national interest and
that an appropriate body should be created to plan, construct, and implement
this interlinking of rivers programme for the benefit of the nation as a whole
and was pleased to direct the Union of India and particularly the Ministry of
Water Resources to forthwith constitute a committee, under the Chairmanship of
your goodselves, to be called a “Special Committee for
Interlinking of Rivers” and the Hon’ble Supreme Court itself had
formulated the broad guide lines as to its constitution and functioning.
I have taken these measures for the past
three decades since 1983. It is just and necessary to take immediate action in
the interest of our nation as whole. The water, in future, is going to be a
rare commodity and United Nations report reveals that India will bear a desert
look and the people of India will suffer for water, not only for irrigation
purpose but also for drinking. The northern part of India is always witnessing
the calamity of floods due to heavy rains but in contradiction Deccan plateau
and even peninsular India bear the brunt of acute shortage of water and
drought. The linking of rivers and distribution of water are only in verbal but
lack any constructive efforts.
UPA 2 Government constituted a committee
on the basis of Supreme Court order after my representation but the committee
did not meet and deliver the things as per the spirit of the Supreme Court
order.
.. 3 ..
.. 3 ..
It is a very sorry state of affairs, for
instance after the NDA Government headed by Shri. A.B.Vajpayee in 2004, Shri.
Manmohan Singh assumed Prime Ministership; previously the NDA Government formed
a task force under the chairmanship of Shri. Suresh Prabhu. That task force did
their work. They were about to submit the report in Dec 2004.
The task force had completed only 80%.
The then UPA Government headed by Shri.Manmohan Singh did not extend the period
to the said task force. Since extension was not given, the task force could not
work and complete the report. This issue
was brought by me, before the Supreme Court.
Even after that the Government is not willing to complete the task force
report.
Your Hon’ble Union Minister for Water
Resources Kumari. Uma Bharathi, made a statement on 17th July 2014 in the floor
of the Lok Sabha, that “We
will complete linking of the rivers within 10 years and allotted 100 Corers in
the Union Budget for this issue”.
I met your Hon’ble Union Minister Uma Bharathi
on 24th July 2014, presented a Memorandum and appraised her in this regard.
Moreover, I had made two meetings with Shri. Harish Rawat then Union Minister
for Water Resources and also made representation finally on 25th September 2013
during UPA 2 regime.
.. 4 ..
..
4 ..
Under these circumstances, I request
your good self to implement the directions of Supreme Court of India. We wish
that the work for good cause is done heartfully and thus your Hon’ble government will be able
to solve the problem of linking the national rivers. Then only Ganges will meet
Cape Kumari via Mahanadhi, Godavari, Krishna, Pennar, Palar, Cauveri, Vaigai,
Tamirabarani, Neyyar of Kanyakumari and the dream of the British period
pioneer, Sir Arthur Cotton; Indian personalities like C.P.Ramaswami Iyer, Dr. K.L.Rao,
Captain Dastur, former Prime Minister A.B.Vajpayee and Dr. APJ. Abdul
Kalam, will come true. Henceforth, Hon’ble your good self may look
into this matter and do the needful for the national interest.
With
respect and regards,
Yours truly,
K.S.Radhakrishnan.
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-----------------------------------------------
------------------------------------------------
K.S.RADHAKRISHNAN,
Advocate 03.07.2017
4/359,
Sri Chaitanya Avenue,
Anna
Salai, Palavakkam.
Chennai
– 600041
To
The Cabinet Secretary,
Union
of India,
New
Delhi.
Respected Sir,
As I am practicing
advocate of High Court of Judicature of Madras and Political & Social
Activist from Tamil Nadu, I humbly beg your esteemed office to deliver justice
to the people of Tamil Nadu and most particularly to the Agriculturists, Farmers,
Agriculture Labors and its allied agriculture commerce in view of my the following representation
hereunder.
It was very well known and undisputed
fact that past more than 2000 years, the People and farmers of Tamil Nadu State
was receiving and using entire Cauvery
river water till 1924 the Krishna Raja
Sagar Dam was constructed across the Cauvery. Since then, almost nearly a
century the water of Cauvery is being disturbed and disputed by the State of
Karnataka for its political agendas. After decades long livelihood dispute of
Tamil Nadu State people and farmers came to its first breath by establishing
Cauvery Water Tribunal between particularly Tamil Nadu and Karnataka States on
02.06.1990.
In the meanwhile, the State of
Karnataka constructed Haranghi, Kabini, Hemavathi and Swvarnavathi dams during
1979, 1975, 1978 & 1973 respectively.
Having people of Tamil Nadu was worst affected by such several dams across Cauvery, the reason for which the Tribunal was ordered
to regulate distribution of water protecting people of Tamil Nadu for getting
their due share of water for their livelihood. This Hon'ble Tribunal passed
interim order on 25.06.1991 as the Karnataka State shall release 205 TMC water
to Tamil Nadu by Karnataka State.
-2-
-- 2 --
However, this
interim order was not duly implemented by the State of Karnataka. The Tribunal
passed its final order on 05.02.2007 ordering to release 419 TMC water to the
people of Tamil Nadu State every year. But out of 419 TMC Cauvery water, the
real Cauvery water was 192 TMC from State of Karnataka and remaining 227 TMC
water from rivers flowing within the State of Tamil Nadu.
Despite the
Tribunal passed final order, this was not given effect to by publishing in
Central Government gazette. After very serious legal battle launched in Apex
Court by the State of Tamil Nadu, the Hon'ble Supreme Court on 04.02.2013 came
down heavily on Central Government and directed the Central Government to
publish the order of the Cauvery Tribunal on or before 20.02.2013. Accordingly
the Union Government published the Cauvery Tribunal's order in central gazette
on 19.02.2013. Despite the same is being given effect to the order of the
Cauvery Tribunal, the Union Government failed to establish the Cauvery Water
Regulatory Authority to monitor the both State Governments to implement the
order of the Cauvery Tribunal by which the State of Karnataka intentionally
failed to implement the Cauvery Water Tribunal order by which the people of
Tamil Nadu State is suffering irreparably past 5 years. The undue hardship and
irreparable sufferings are:-
Ø It
is very essential to the Farmers of Tamil Nadu to supply Cauvery water from
Mettur Dam every year 12th of June to prepare for Kuruvai (paddy agriculture
cultivation)
Ø Since
the Karnataka failed to release Cauvery water, last consecutive 6 years there
was no sufficient water in Mettur Dam to release water for Kuruvai cultivation.
-3-
-- 3 --
Ø If
Cauvery water being released on June 12th, the Tamil Nadu farmers of delta will
cultivate paddy (Kuruvai) in about 4 lakhs hectors of land. But for
non-releasing Cauvery water from Mettur dam, delta farmers cultivate Kuruvai in
about 1.10 lakhs hectors of land only.
Ø In
2016, Karnataka State did not release our rightful of Cauvery water to Tamil Nadu,
the State of Tamil Nadu released water from Mettur dam on 9th Sep. 2016 for
Samba cultivation and supply of water was not sufficient, hence release of
water from Mettur was stopped. In this consequence, instead of 8.83 lakh metric
tons of paddy production, only 1.37 lakh metric tons of paddy was produced.
Ø The
Ministry of Agriculture released its press release giving this data by stating
that in 2016 the delta farmers produced 26% of paddy and the loss was 74% of
product due to non-release of water by State of Karnataka.
Ø In
view of 74% loss of paddy product in 2016 itself, the local economy and
livelihood of farmers, agriculture labors and its allied business lost about
5000 crores of rupees.
Ø In
view of very audacity stand taken by State of Karnataka in releasing Cauvery
water as well ignoring the order of Cauvery Water Tribunal, 25 districts
general public drinking water is put into precarious situation.
The above
said irreparable sufferings are some examples only and there are more suffering
factors play in to the livelihood of Tamil Nadu State farmers, agriculture
laborers and its allied commerce as well the livelihood of entire Tamil Nadu
State general public too. Under these circumstances, the Cabinet of Karnataka
State declared that they have prepared feasible and technical reports to
construct more dams across Cauvery River at Megadad, Rasimanal and
Sivasamuthram to store Cauvery Water upto 110 TMC water in all these proposed
dams.
-4-
--
4 --
And also the
Karnataka State Government announced that they are going to submit these
project reports for approval of constructing said dams from your esteemed
Ministry. This is most shocking steps of Karnataka State with your Ministry's
approval. If at any case, your Ministry considered the said dam projects of
Karnataka, the State of Tamil Nadu would become Somalia in Union of India.
While 30th September 2016, the Hon'ble Supreme Court asked your
opinion of establishing Cauvery Water Regulatory Authority within four days,
Your Ministry agreed the same will come with report of establishing such
Authority. However, Your Ministry
appalled the General People of Tamil Nadu State and took 'U' turn under
the pressure of ruling political party legislatures' colorable exercise and
Your Ministry came with different plan of establishing Single Regulatory
Authority for all Tribunal orders.
Despite Your
Ministry took such negative stand, the Hon'ble Supreme Court consider the
plight of the livelihood of the people of Tamil Nadu State, ordered Your
Ministry to establish Cauvery Water
Regulatory Authority within 90 days and the same is not seen any ray of light
as on date from your Ministry.
Since the
Union of India Government failed for various known reasons or very public
secret to establish the Cauvery Water Regulatory Authority by the Karnataka
State is taken granted for disobeying the order of the Cauvery Water Tribunal.
We people of Tamil Nadu is also citizens of India, so whatever political party
comes to power of Union Government, it is the utmost duty of the Union
Government and its Ministries to govern the people of the Union of India under
the guidelines of Constitution of India.
-5-
--
5 --
But the fact
is that the national political parties those occupy the Legislature's position
in Union of India leash out discrimination towards people of Tamil Nadu State
and its livelihood and show lots of bonanzas to the State of Karnataka with
view to their political parties’ welfare. The General People of Tamil Nadu
posed its faith fondly in Nationalism of
Union of India, the whatever political party comes to power in Centre, the
Ministries like you are common to every citizens of Union of India and You have
most humbly duty to take care of every citizens of Union of India without lien
on any colorable exercise.
Therefore, as
I am citizen of Union of India and being affected Tamilian, I humbly request
your Ministry and Cabinet Secretary for
Union of India to establish Cauvery Water Regulatory Authority immediately without any delay for
implementing water sharing as per Tribunal Order dated 05.07.2007 and further
request you both that do not permit the State of Karnataka to construct any new
dams across Cauvery river for storing water to save the livelihood of the
People of Tamil Nadu State and do the needful.
Yours
faithfully,
(K.S.Radhakrishnan)
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கே.எஸ். இராதாகிருஷ்ணன்.
வழக்கறிஞர்,
செய்தித்தொடர்பாளர், திமுக.
