New Delhi: The Supreme Court on Friday refrained from passing an order on a plea by the Tamil Nadu government seeking a direction to Karnataka to release 24,000 cusecs of Cauvery water per day.
A bench headed by Justice B R Gavai said the court does not possess any expertise on the issue and preferred to seek a report from the Cauvery Water Management Authority (CWMA) on the quantum of release made by Karnataka. Senior advocate Mukul Rohatgi appeared for Tamil Nadu and senior advocate Shyam Divan appeared for Karnataka.
The top court noted that Karnataka said water earmarked by CWMA has been discharged but it takes time of three days to reach Tamil Nadu. The apex court also noted Tamil Nadu’s contention is that though the authority has passed orders, the water has not been supplied by Karnataka. The counsel for the Karnataka government contended that it is a distress year and there has been a shortage of rainfall.
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The Tamil Nadu counsel contended that the authority states that 15,000 cusecs shall be released in 15 days which expires today and the second authority states 10,000 cusecs should be released and added that let this release be there till the apex court decides the matter. The bench told the counsel, "Why don't you go before the authority.....we do not have expertise in this”.
Additional Solicitor General (ASG) Aishwarya Bhati, representing the Centre, said that the authority has scheduled a meeting on Monday to decide discharge of water for next fortnight. After hearing counsel, the top court said "We find that it will be appropriate that CWMA submits its report on whether the directions issued for discharge of water have been complied or not”.
The apex court asked the ASG to communicate this order to the authority and have the report submitted to us by next Friday. The top court noted that the Karnataka government contended that orders by authorities are adverse to its interest and it has filed an application for reducing the share allotted. The Supreme Court also noted Tamil Nadu’s contention that there should be an increase in the share of water. “Let this be decided by the authorities. Case to be listed next Friday," the bench said in its order.
Tamil Nadu moved the apex court seeking a direction to Karnataka to release 24,000 cusecs of Cauvery water forthwith from its reservoirs at Billigundulu for the remaining period of the month, starting from August 14.
The Karnataka government has told the apex court that Tamil Nadu cannot compel it to release water and the present crisis is created by Tamil Nadu by its unnecessary opposition to the proposal of Karnataka for the construction of the Mekedatu balancing reservoir-cum-drinking water project near the interstate border at Biligundlu.
In an affidavit before the apex court, the Karnataka government said it is not obliged to and it cannot be compelled to ensure water as per the stipulated releases prescribed for the normal year which is 9.19 TMC in June, 31.24 TMC in July, 45.95 TMC in August, 36.76 TMC in September, 20.22 TMC in October, 13.78 TMC in November, 7.35 TMC in December,2.76 TMC in January and 2.5 TMC in February to May totalling 177.25 TMC.
“On applying shortages of flows, the minimum crop water requirement of Karnataka based on three wettings instead of four wettings etc., will be about 140 TMC. Therefore, the entire current storage plus likely inflow is not sufficient for the crops in Karnataka and for meeting the drinking water requirements of towns and villages including the megacity of Bengaluru….”, said the affidavit.
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