Release 2,000 cusecs daily to TN: Supreme Court directs Karnataka

The Supreme Court on Tuesday directed Karnataka to release 2,000 cusecs of Cauvery river water every day to Tamil Nadu from October 7 to 18.In a big relief to the state, a bench of Justices Dipak Misra and U U Lalit, however, deferred its order asking the Centre to set up a Cauvery Management Board (CMB).

But the court directed a high-powered committee, headed by the Central Water Commission chairman and comprising representatives from Karnataka, Tamil Nadu (TN), Kerala and Puducherry, to make an assessment of the ground realities in the Cauvery basin areas and report back to it by October 17.

Karnataka, represented by senior advocate Fali S Nariman and Advocate General Madhusudan R Naik, informed the court that the state had released 17.5 tmcft of water between September 5 and September 30. 

Senior advocate Shekhar Naphade, appearing for TN, submitted that there was still a deficit of 4.6 tmcft. Tamil Nadu questioned Attorney General Mukul Rohatgi’s plea admitting to a “lapse” on his part in agreeing to set up CMB earlier on September 20 and September 30, even though it was a matter of civil appeal against the Cauvery Water Dispute Tribunal’s decision of 2007 before a three-judge



bench.

“They (state) did not comply with the orders. The Union government is playing into their hands. There is much more to it than meets the eye... it is a question of rule of law,” Naphade contended, asking why the court was hearing state’s plea.

The court pointed out, “There is natural difficulty which we could not be envisaged at that stage (while passing orders on  CMB).” “You (TN) have so far got 17.5 tmcft,” the bench told the TN counsel.

Rohatgi submitted that setting up a Cauvery Management Board was part of the statutory and legislative function, which can be done only after the final judgement on the pending matters challenging the Tribunal’s decision.

Earlier, Nariman submitted that Karnataka had decided to release 12,000 cusecs of water on October 3, 4 and 5. “I told them (state) you have to comply with the order. Or, I will have to revert to my old position (of not arguing),” he submitted.

“The court has so far passed order for the release of 6,000 cusecs, 10,000 cusecs and 15,000 cusecs without giving any reasoning... We can’t do it any more. Millions of people would not be able to survive. I beg, please don’t do it,” Nariman told the court.