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SC rider on Cauvery water release for TN
Tamil Nadu got an “ad-hoc” assurance from Karnataka of 10,000 cusecs flow of water from Cauvery River to be maintained till the crucial meeting of the Prime Minister-led Cauvery River Authority (CRA) is to take place on September 19.
The upper riparian State of Tamil Nadu had complained that it got a raw deal from Karnataka and set up an immediate demand for 2 thousand million cubic (TMC) ft of water (approx 23,000 cusecs) to feed its crops. But Karnataka dissuaded the court to be drawn by emotions as it was a matter to be dealt on lines of principles of law for which the appropriate forum was the CRA meeting headed by the PM and attended by experts and heads of the two States.
The bench of Justices DK Jain and Madan Lokur patiently heard the two sides and based on facts and figures concluded that Tamil Nadu was deprived of a substantial share of water from the Cauvery River. At the same time, the court was wary of passing any interim order that could affect the outcome of the CRA meeting, which was meeting after a gap of almost nine years.
Cautious in its approach, the order of the apex court stated, “Karnataka counsel has stated that since a meeting of the CRA is fixed, as a goodwill gesture, by way of purely an ad-hoc arrangement, Karnataka is willing to release extra water in order to ensure on and from September 4, 2012, 10,000 cusecs flow of water is to be ensured at Billigundulu only till September 20, 2012.”
The court had its suspicions too on whether the meeting would actually take place or if either side would advise their respective States to skip taking decisions at the CRA meeting and pursue the matter with the court. “What if the meeting does not take place. This hot potato is in Supreme Court’s hands. You will say the court is seized of the matter and let the Supreme Court decide. That would be the easiest way out.”
Senior advocate CS Vaidyanathan for Tamil Nadu assured that the State would not be absent at the meeting as it was presently receiving only 18 per cent of the total water due to it. But senior advocate Anil Divan and Fali Nariman representing Karnataka were of the firm view that as a goodwill gesture some extra water could be given to ensure a flow of 10,000 cusecs. Already, TN received 7,600 cusecs water as part of excess flow from Cauvery.
To avoid confusion, the bench introduced the following rider to its order. “We expect and hope that the meeting of CRA takes place…We, however, clarify if for any unforeseen reason, the meeting of CRA is not held on September 19 or no decision is taken at the meeting, it will be open to both parties to take appropriate steps as may be advised.”
Tamil Nadu got an “ad-hoc” assurance from Karnataka of 10,000 cusecs flow of water from Cauvery River to be maintained till the crucial meeting of the Prime Minister-led Cauvery River Authority (CRA) is to take place on September 19.
The upper riparian State of Tamil Nadu had complained that it got a raw deal from Karnataka and set up an immediate demand for 2 thousand million cubic (TMC) ft of water (approx 23,000 cusecs) to feed its crops. But Karnataka dissuaded the court to be drawn by emotions as it was a matter to be dealt on lines of principles of law for which the appropriate forum was the CRA meeting headed by the PM and attended by experts and heads of the two States.
The bench of Justices DK Jain and Madan Lokur patiently heard the two sides and based on facts and figures concluded that Tamil Nadu was deprived of a substantial share of water from the Cauvery River. At the same time, the court was wary of passing any interim order that could affect the outcome of the CRA meeting, which was meeting after a gap of almost nine years.
Cautious in its approach, the order of the apex court stated, “Karnataka counsel has stated that since a meeting of the CRA is fixed, as a goodwill gesture, by way of purely an ad-hoc arrangement, Karnataka is willing to release extra water in order to ensure on and from September 4, 2012, 10,000 cusecs flow of water is to be ensured at Billigundulu only till September 20, 2012.”
The court had its suspicions too on whether the meeting would actually take place or if either side would advise their respective States to skip taking decisions at the CRA meeting and pursue the matter with the court. “What if the meeting does not take place. This hot potato is in Supreme Court’s hands. You will say the court is seized of the matter and let the Supreme Court decide. That would be the easiest way out.”
Senior advocate CS Vaidyanathan for Tamil Nadu assured that the State would not be absent at the meeting as it was presently receiving only 18 per cent of the total water due to it. But senior advocate Anil Divan and Fali Nariman representing Karnataka were of the firm view that as a goodwill gesture some extra water could be given to ensure a flow of 10,000 cusecs. Already, TN received 7,600 cusecs water as part of excess flow from Cauvery.
To avoid confusion, the bench introduced the following rider to its order. “We expect and hope that the meeting of CRA takes place…We, however, clarify if for any unforeseen reason, the meeting of CRA is not held on September 19 or no decision is taken at the meeting, it will be open to both parties to take appropriate steps as may be advised.”
