Accepting the report of the expert team of the Central Water Commission, the Supreme Court on Thursday directed Karnataka to release forthwith 2.44 tmcft of water to Tamil Nadu to save the standing crops on about one lakh acres in the Cauvery delta region.
The team visited Thanjavur, Nagapattinam and Thiruvarur on February 5.
A three-judge Bench of Justices R.M. Lodha, J. Chelameswar and Madan B. Lokur passed the order. It, however, rejected Tamil Nadu’s demand that at least 9 tmcft was required to irrigate about 6 lakh acres of standing crops, even as senior counsel for the State C.S. Vaidyanathan submitted that it was not a fair assessment by the team.
But, Justice Lodha told counsel, “We appreciate their [expert team’s] effort and work. We did not expect them to come to a precise estimate. According to you what you say should be accepted as Gospel truth and orders passed accordingly. Whatever might have been done in the past, the estimate given by Karnataka at least this time was correct.”
Justice Lodha said, “We thought if someone made a wrong statement he will have to face the consequences. You made an oral statement. This gentleman [R. Subramanian, Chairman, Cauvery Technical Cell] should have told you the correct position. We thank the expert team for completing the task at such a short time. We compliment them. Our hunch was you may require two or three tmcft of water.”
When Mr. Vaidynathan said the report was not objective as Karnataka was facing elections this year, Justice Lodha made it clear, “We are not concerned with what is happening outside the court.” Senior counsel Anil Divan, appearing for Karnataka, took objection to Mr. Vaidyanathan’s implication and said, “Tamil Nadu will not be happy even if God makes an award.”
Justice Lodha in a lighter vein said, “They will be happy if God gives them good rain.”
In a brief order, the Bench said, “Having heard the parties and taking into consideration the expert committee report, we are satisfied that the interest of justice would be met if Karnataka is directed to release 2.44 tmcft of water at Mettur forthwith.”
Rejecting the expert team’s report, Tamil Nadu said, “The officers of the State have inspected the field and ascertained the stage of the crops and reported that the crops are withering for want of water. The release of water for irrigation from the Mettur reservoir was compelled to be stopped from 22.12.2012 to conserve the available meagre storage to meet the drinking water and environmental requirements up to May/June, 2013. Hence, adequate supply could not be given for the entire area.” It reiterated that the standing crops in the three districts requiring one/ two wettings “are 299607 and 297514 areas respectively and that as per the assessment of the agricultural officers of Tamil Nadu, 9 tmcft. is required so that the yield of the crop could also be optimised.”
It said: “The view of the team of experts is wholly arbitrary and seems to be a predetermined[move] without taking into account the miseries of the poor farmers spread over the entire delta…
Keywords: Cauvery water dispute, inter-State water dispute, Supreme Court order, expert committee report
If I as an individual do not obey to court orders, I will have more over me as contempt of court proceedings. However, if I am a government or have political backing - no one can do anything. That seems to be the new law of the land!
It is sad that judiciary have to act as executive because of government's unwillingness and vote bank politics. Actually it has been the Supreme Court and not the Government that gaided the Cauvery Water Tribunal in recent times. Histry will not forgive the present government for its failure.
Two neighbours within the same country! One says no water is needed
for the other and other demands almost a lion's share! It is
ironically paradoxical! How much good it would be if some amicability
is achieved with scholarly and matured demeanor from either side. We
have better areas to develop and fight for than merely feeding the
egos of the top honchos who are in the helm of affairs. Its high time
we introspected and remedied ourself before a third party enters in
the garb of an arbiter and ends up not only adding to the chaos but
takes the lion share of the booty!
On the one hand Tamil Nadu wants more water and on the other hand
Karnataka does not want to release any water. The Karnataka CM has
made all attempts to delay implementation of the Supreme Court verdict
and the latest one is to make a trip to Delhi to consult lawyers. The
Court has given a clear directive and one is unable to understand what
the Delhi trip of Karnataka CM and his minister would achieve. This is
a very delicate situation and all political parties in both Tamil Nadu
and Karnataka, have to show that they do not indulge in populist
politics. There must be a desire to come to terms with ground
situation and a commitment to implement the verdict of the Supreme
Court. If the States start finding excuses to delay implementation of
verdicts of the apex Court, a Constitutional crisis would engulf our
country. This is certainly not a time to create crisis like that.
Solution for Kerala's water problem:We should make a survey of all
rivers in Kerala showing route and existing river bed level. Compare
this data with the river bed and water levels 50 years before and see
how much difference. This survey will show that by sand mining river
bottom have gone too far down.Now make bund walls (check dam) across
the river at every 2, 5 or 10km distance along the river and try to
bring water level as at the time before 50 years. This will hold the
water flowing down the sea and increase the water level in water wells
all over Kerala where it is facing a water scarcity during summer
time. Please note that there is a lot of rain falling but all the
water flow to the sea and in summer we are in drought condition. In
Rajastan there is less rain and all the water settles to the ground,
there is very little flowing out of the state boundaries as the
topography is more flat. Kerala is generally slopping east to west
and all the rain water flow down the sea.
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