The Hindu : SC orders Karnataka to release 4,500 cusecs a day to T.N.

Online edition of India's National Newspaper
Friday, Feb 07, 2003

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SC orders Karnataka to release 4,500 cusecs a day to T.N.

By J. Venkatesan

NEW DELHI Feb. 6. The Supreme Court today came to the rescue of the Cauvery delta farmers in Tamil Nadu to save the standing `samba' crop by directing Karnataka to ensure an average release of 4,500 cusecs (amounting to 0.4 tmcft) of water a day from tomorrow at Mettur reservoir till the Cauvery River Authority headed by the Prime Minister took a decision at its meeting on February 10.

Significantly, a three-Judge Bench comprising Justice R.C. Lahoti, Justice Y.K. Sabharwal and Justice Arijit Pasayat made it clear that the CRA meeting would take place even in the absence of a quorum of three Chief Ministers and that the decision of the CRA would be final, having the sanctity of a court order and binding on all the parties.

While senior counsel for Tamil Nadu, K.K. Venugopal, pleaded that Karnataka should be directed to release at least 10,000 cusecs, senior counsel for Karnataka, F.S. Nariman, maintained that the State could release only 1,200 cusecs a day.

In view of the divergent stand, the Bench summoned the Chairman of the Cauvery Monitoring Committee, A.K. Goswami and its previous Member-Secretary, R.K. Sharma and ascertained from them (in their Chambers) the availability of water in the reservoirs of Karnataka, the quantity of water being released every day and the immediate requirement of water by Tamil Nadu to save its standing crops.

The Bench expressed the hope that the February 10 meeting of the CRA would "positively arrive at a decision".

It gave liberty to the CRA to suitably modify or change the order as per the discussions and consensus that might be evolved therein.

The Bench recorded an undertaking from counsel of Tamil Nadu and Karnataka that their Chief Ministers would positively attend and participate in the meeting.

It was also made clear that in the absence of consensus among the States at the CRA meeting, the decision of the Prime Minister as Chairman of the Authority shall be decisive.

The Bench further said that this order, subject to such changes as the CRA might make on February 10, shall be treated as an order of the court and "it is the obligation of the parties to implement the same."

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