The Supreme Court on Tuesday directed Karnataka to release 6000 cusecs of Cauvery water per day to neighbouring Tamil Nadu. A Bench led by Justice Dipak Misra directed Karnataka to release this amount from its reservoirs for the period between September 21 to September 27, the next date of hearing in the Supreme Court.
Despite objections by senior advocate Fali Nariman for Karnataka that the State was in dire need of drinking water, the Bench doubled the quantum ordered to be released by the Cauvery Supervisory Committee barely 24 hours ago.
The court order was a severe blow to Karnataka, which began the hearing by protesting even the Committee’s order to release 3000 cusecs to Tamil Nadu till September 30. The order has also impacted its challenge to the Cauvery Water Disputes Tribunal verdict in 2007 by directing the Centre to set up the Cauvery Management Board within four weeks. The setting up of the Board, envisaged by the tribunal, was put on hold due to Karnataka’s litigation.
‘Expert solution needed’
The court said the dispute has been on the boil since 1892. It said a well thought-out expert solution was the need of the hour. The Bench remarked that the supervisory panel, set up in 2013, was only a “pro tem measure.”
“You can’t go on like this. How long have you been fighting over it (Cauvery water)...” the Bench asked the two States.
It then referred to the tribunal’s order, which had devised the Board as an independent mechanism with the expertise to monitor the effective distribution of water between the States.
When Mr. Nariman objected to the Supervisory Committee’s order to release 3000 cusecs, the Bench seemed to agree with him, saying the panel had adjudicated on the dispute, and to do that, was clearly not its role.
‘Panel can’t adjudicate’
“We require the Supervisory Committee as an expert to see that the award is implemented and take a decision on how it is to be implemented when there are issues and allocation of water is not possible like in case of deficit or calamity. In this case, the Committee has adjudicated on the matter which is not its role,” the Bench said.
When Mr. Nariman pointed out that Karnataka was drastically short of drinking water, Tamil Nadu counsel and senior advocate Shekhar Naphade asked how Karnataka could then afford to withdraw 26 tmc ft for irrigation.
The Bench allowed the two States to file their objections to the directions of the Cauvery Supervisory Committee to Karnataka to release 3,000 cusecs per day.
The Supreme Court Bench, which doubled on Tuesday the quantum of Cauvery water Karnataka must release to Tamil Nadu, remarked that the supervisory panel, set up in 2013, was only a “pro tem measure.”
“You can’t go on like this. How long have you been fighting over it (Cauvery water)...” the Bench asked the two States.
It then referred to the tribunal’s order, which had devised the Board as an independent mechanism with the expertise to monitor the effective distribution of water between the States.
When senior advocate Fali Nariman for Karnataka objected to the Supervisory Committee’s order to release 3000 cusecs, the Bench seemed to agree with him. “We require the Supervisory Committee as an expert to see that the award is implemented and take a decision on how it is to be implemented when there are issues and allocation of water is not possible like in case of deficit or calamity. In this case, the Committee has adjudicated on the matter which is not its role,” the Bench said.
