Cauvery River | 'We Don't Possess Expertise' : Supreme Court Seeks CWMA Report On TN-Karnataka Dispute

The Supreme Court on Friday, while hearing a plea by the State of Tamil Nadu seeking a direction to the State of Karnataka to release 24,000 cusec of Cauvery river water, directed the Cauvery Water Management Authority (CWMA) to submit its report on this issue, by next Friday. Additional Solicitor General Aishwarya Bhati informed the Top Court that the meeting of the Cauvery Water Regulatory Committee (CWRC) is to be held on Monday to consider the discharge of water for the next fortnight. The Supreme Court accordingly directed the authority to inform the Court whether its orders directing the State of Karnataka to discharge water to the State of Tamil Nadu is being complied with.The contention of the state of Tamil Nadu was that though orders have been passed by the CWRC and the CWMA, the water which is to be supplied to Tamil Nadu is not being supplied by Karnataka. However, the State of Karnataka contended that more water than what was earmarked by the CWMA has already been discharged, but it takes 3 days time for the water to reach the State of Tamil Nadu.A bench of Justice BR Gavai, Justice PS Narasimha and Justice Prashant Kumar, while stating that they do no posses the expertise to decide the matter, called for the report of the concerned authorities. "We do not possess any expertise on the matter. Apart from that, Learned ASG Aishwarya Bhatti informs us the that the meeting of the CWRC is to be held on Monday to consider the discharge of water for next fortnight. It is submitted that thereafter, the matter will go to CWMA. We find that it will be appropriate that the CWMA submits it's report as to whether the directions issued by it for discharge of water has been complied with or not. In the meantime, the orders with regard to discharge of water for the next fortnight will also be available. ASG is requested to communicate this order to the CWMA to obtain its report prior to next Friday.” the Court said in its order. The Court also recorded the submission of the State of Karnataka that the orders passed by the CWMA are adverse to its interests and an application has been filed for reduction of the water allotted to the State of Tamil Nadu. The Court also recorded the submission of the State of Tamil Nadu that it is the grievance of the state that the water allotted to it is much less and they have requested the authorities for enlargement of their share.Sr. Adv Shyam Divan submitted on behalf of the Karnataka state that it has been a distressing year for the state and there has been shortage of rainfall and a cutback is inevitable. Sr Adv Mukul Rohatgi submitted for state of Tamil Nadu that the immediate problem was that the authority had said that 15,000 cusecs shall be released for 15 days which is set to expire today. "This was modified by the second authority stating that 10,000 cusecs should be released and this expires today." He submitted that, if the matter is not heard by the Apex Court the further discharge of water will stop. "We are running out of water as of now, the 15 days earlier ordered has expired. Whatever they have said let it continue, I am seeking a pro tem order. There is a huge deficit, I am getting a pittance” he said. Sr Adv CS Vaidyanathan submitted that the order of the authorities is not being complied with. However Sr. Adv Mohan Katarki countered this claim and submitted that there has been compliance. “It is your word against theirs” Justice Gavai said. Sr Adv Rohatgi stated “Milord can ask the Authority to submit a report to show the current status.”Counter Affidavit By State Of KarnatakaThe State of Karnataka in its counter affidavit had referred to Tamil Nadu's plea as wholly 'misconceived'. In its reply to the prayers of Tamil Nadu, Karnataka has stated that Tamil Nadu's application is wholly misconceived as it is based on an incorrect assumption that the current water year is a normal water year and not a distressed water year. Karnataka stated that rainfall has been lesser by 25% and inflow into four reservoirs of Karnataka has been lesser by 42.5%. In this context, Karnataka has asserted that the stipulated release of water shall not be applicable to this year.The State of Karnataka has further argued that the urgency pleaded by Tamil Nadu on the ground of saving standing crops is misleading. It has argued that the permissible area of Kuruvai rice crop which started on 12th June and goes up to end of September requires 32.27 TMC as estimated by the Cauvery water dispute Tribunal. Thus, the water requirement up to August 23 was 22.44 TMC and in the remaining period of the season would be about 9.83 TMC. Stating that Tamil Nadu has drawn excessive water, it has been stated that the 'irresistible conclusion' is that Tamil Nadu has drawn more water for cultivating large area of Kuruvai by exceeding the limit of 1.85 lakh acres as prescribed by the tribunal.As per the affidavit, during the current water year, the south-west monsoon has largely failed so far. ...

Cauvery River | 'We Don't Possess Expertise' : Supreme Court Seeks CWMA Report On TN-Karnataka Dispute

Sheryl Sebastian

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