Karnataka on Saturday sought an urgent review of the Supreme Court orders to set up the Cauvery Management Board (CMB). It said the directions amounted to judicial legislation and was a violation of the National Water Policy of 2012 which gives Karnataka's requirement for drinking water first priority over Tamil Nadu's need for water to irrigate its lands.
The review petition was filed in the Supreme Court a day after the court directed the Centre to set up the CMB by October 4. It contends that the judicial orders consecutively passed on September 20, 27 and 30 to release Cauvery water and form the CMB has gravely prejudiced the Karnataka people's right to life.
For one, Karnataka said its civil appeal against the 2007 final order of the Cauvery Water Disputes Tribunal is still pending consideration in the Supreme Court. Secondly, these September orders contravene a decision of the Supreme Court in December 3, 2013 to put on hold the formation of the CMB till the civil appeal was decided. In 2013, the Supreme Court had refused Tamil Nadu's plea to set up the CMB.
Karnataka argued that the constitution of the CMB is a legislative function and is a "miscarriage of justice".
Besides, Karnataka said the CMB was vested with powers and functions that are “unnecessary” and “intrude” into the legislative and executive powers of the State.
“This Hon’ble Court may not be correct in directing the constitution of Cauvery Management Board... specially when the Cauvery Management Board is vested with the powers and functions which are not only unnecessary and intrude into Legislative and Executive power of the State derived from Entry 17 of the State list to the 7th Schedule of the Constitution,” the petition said.
It asked whether the Supreme Court, by disregarding the National Water Policy 2012, is “giving importance to the irrigation requirements of Tamil Nadu than the drinking water requirement of the Karnataka”.
It “may not be right” to direct Karnataka to release further waters to Tamil Nadu when the present live storage of water in the four reservoirs of Karnataka was insufficient even to meet the drinking water requirement of Bangalore city, towns and villages. It would cause “irreparable injury” to Karnataka. The water cannot be retrieved even in the case of a “good, normal North-East monsoon, the review petition said.
It said that from September 5 to September 29, Karnataka has ensured17.05 tmc at Biligundlu.
Karnataka also added that its Chief Minister Siddaramiah is not defying the Supreme Court. Karnataka had indeed complied with the September 5 and 12 orders and released water to Tamil Nadu.
The petition futher said Karnataka, through its Chief Minister, is now “pleading the impossibility to further release water from its reservoirs”.
