A three-judge bench headed by Chief Justice A S Anand, while allowing commencement of work at the dam, clarified that ``the work to be carried out by Karnataka will be at the risk and cost of Karnataka and shall be without prejudice to the right of Andhra Pradesh both in the suit and injunction application.''

The bench recorded serious objection raised by AP against any construction activity at the dam and directed that ``the undertaking by Karnataka not to raise the crest level (of the dam) beyond 509 meters for the present shall be filed within this week in an affidavit by a responsible officer.''

Appearing for Karnataka, senior counsel F S Nariman said erection of the gates would take at least six months and if construction activity did not begin forthwith, the Statewould miss an opportunity to utilise the monsoon waters. Counsel for AP, senior advocate K Parasaran, expressed his apprehension that allowing Karnataka to commence construction activity might be misinterpreted as permission to carry on with the activities, which in any case, were in breach of the court's earlier orders.