Tamil Nadu   

Move apex court to get Cauvery water: former Advocate-General

S. Vydhianathan

Says it is for court to ensure that the award is implemented

CHENNAI: The former Advocate-General of Tamil Nadu, K. Subramanian, has urged the State Government to move the Supreme Court immediately to get its due share of Cauvery water as per the interim order of the Cauvery Water Disputes Tribunal.

Talking to The Hindu , the former Advocate-General said it was not clear as to why the State Government had not moved the apex court immediately after the Karnataka Government failed to release water as per the interim order, especially after the Monitoring Committee meeting held in Delhi on June 22.

He said it was nearly four weeks since the meeting was held and one did not understand why the State Government had not approached the Supreme Court in this connection. He pointed out that in the Narmada Bachao Andolan vs Union of India and others case, the Supreme Court had ruled that the award of the tribunal was binding on the States concerned. The court, as a federal court, had to ensure that the binding award was implemented. In this regard, the court would have the jurisdiction to issue necessary directions to the State, which violated the award. Just as an ordinary litigant was bound by the decree, a State was also bound by the award. Just as the execution of the decree could be ordered, similarly the implementation of the award could be directed.

The term "award," in the judgment of the Supreme Court, Mr. Subramanian noted, referred to the decision of the tribunal under Section 5(2) of the Inter-State Water Disputes Act, 1956. In the Cauvery case, such a decision on interim relief had also been notified under Section 6 of the said Act and hence binding on all the four States to the dispute.

He said the Supreme Court reopened on July 11 after summer vacation. As the Cauvery water issue is politico-legal, there would be no harm in pursuing the legal remedy even while attempting to convene the Cauvery Water Authority, he added.

Ryots express shock

Meanwhile, farmers' associations have expressed shock over the Karnataka Government's firm no to release water from Krishna Raja Sagar (KRS) to Tamil Nadu though the storage level at the dam is satisfactory.

"Unless the Central Government intervened," they feared that they would be deprived of kuruvai crop for the fourth year in succession.

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