Wednesday, October 25, 2017

PRESS RELEASE – Networking of Rivers and The Cauvery Issue.

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/-
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01st July, 2017

To
          Honble. 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.) 
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The Honble Supreme Court of India was pleased to pass the judgement dated 27th February 2012, wherein the Honble 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 Honble 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. 
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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 Honble 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 Honble 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.
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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 Honble 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, Honble 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.
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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.
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-- 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. 
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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.
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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.

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