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December 14, 1998

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Supreme court clears work on Almatti dam crest gates

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The Supreme Court today allowed the Karnataka government to resume construction of the crest gates at the Almatti dam without raising the crest level beyond 509 metres and, in any case, without obstructing the free flow of water.

A three-judge bench, comprising Chief Justice A S Anand, Justices V N Khare and M B Shah, however, clarified that Karnataka could do so at its own risk and cost.

The judges passed the order during resumed hearing of a suit by the Andhra Pradesh government seeking a permanent injunction against raising of the height of the dam.

The court had earlier directed stoppage of construction of the crest gates till the end of this month.

Senior counsel F S Nariman, appearing for Karnataka, urged the court to permit the state government to begin construction work so that the crest gates would be ready before the onset of the monsoon.

The court noted the objection of senior counsel K Parasaran, appearing for the Andhra Pradesh government, that the grant of Karnataka's prayer might be misinterpreted as permission to carry on activities that would breach court orders and would be unauthorised otherwise too.

In its order, the court said, ''It is, however, clarified that the work to be carried out by Karnataka would be at its own risk and cost and shall be without prejudice to the right of Andhra Pradesh, both in the suit and the injunction application.''

The court directed that the undertaking by Karnataka not to raise the crest level beyond 509 metres for the present would be filed within this week in an affidavit.

UNI

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