Supreme Court judge Justice J. Chelameswar on Friday recused himself from hearing a batch of petitions and cross-petitions relating to the implementation of the Cauvery Water Disputes Tribunal (CWDT) award, filed by various parties, including Tamil Nadu, Andhra Pradesh, Karnataka and Kerala.
“I will not be part of the bench which would hear these cases,” Justice Chelameswar, who was heading the bench that also comprised Justices Shiva Kirti Singh and A.M. Sapre, said.
The court also asked a host of senior advocates including F.S. Nariman, Rajeev Dhavan and Shekhar Naphade, representing various stakeholders in the historic water dispute, to mention the matter before Chief Justice T.S. Thakur for listing of the cases before some other bench.
It then adjourned the matters and posted them for hearing after two weeks.
Earlier, the apex court had refused to give an urgent hearing to a plea of Tamil Nadu government for setting up the Cauvery Management Board for implementation of the CWDT award.
At the directions of the apex court, the Centre, in 2013, had notified the final award of the CWDT on sharing the waters of the Cauvery system among the basin states of Karnataka, Tamil Nadu and Kerala and union territory of Puducherry.
The CWDT had recommended the setting up of a Cauvery Management Board/Authority on the lines of the Bhakra Beas Management Board for implementation of the order. The board, in turn, would constitute a Cauvery Water Regulation Committee for assistance.
The Tribunal, in a unanimous decision in 2007, had determined the total availability of water in the Cauvery basin at 740 thousand million cubic (tmc) feet at the Lower Coleroon Anicut site, including 14 tmcft for environmental protection and seepage into the sea.
The final award made an annual allocation of 419 tmcft to Tamil Nadu in the entire Cauvery basin, 270 tmcft to Karnataka, 30 tmcft to Kerala and 7 tmcft to Puducherry.
