New Delhi: In an order that will have far-reaching implications, the Cauvery Water Disputes Tribunal has by a majority of 2:1 directed the Centre to appoint a three-member experts committee to go into the crop pattern and water requirements of the four riparian States.

Friday was the last day for the conclusion of arguments before the tribunal, constituted 16 years ago, and its term ends on August 7. On coming to know that an order was to be pronounced, counsel for all States — Tamil Nadu, Karnataka, Kerala and Pondicherry — unanimously said the tribunal should hear their views before passing any order. But the two members went ahead with pronouncing the order.

Counsel said the appointment of the committee would further delay the submission of the award.

Tentative order

However, the members, in the majority, said it was only a tentative order and asked the States to respond within one week. Whether it was absolute or not would be determined on May 5 after studying their response.

Tribunal Chairman N.P. Singh was shocked and perturbed at the order passed by the members, N.S. Rao and Sudheer Narain. He openly expressed his disagreement with them.

Justice Singh said the tribunal had been functioning for 16 years and the appointment of an experts committee now would virtually create parallel proceedings. It might take another 10 years for the panel to give its report.

"Tribunal competent"

The Chairman said the tribunal had all necessary material — over 50,000 documents and expert evidence on the water requirements of the four States and the cropping pattern there as well.

With the assistance of two assessors, the tribunal was competent enough to pass an award and there was no need for another expert opinion. It would virtually amount to reopening the questions, which had been heard for the last two years.

"Merely saying that the committee will submit its report within three months is not practicable. Cross-examination of witnesses took several years and it was closed on December 13, 2001. I cannot conceive how, after the conclusion of the arguments on behalf of all the party-States on all issues under different groups, fresh evidence can now be taken and fresh arguments heard," said Justice Singh.

However, the members said water requirement for the crop was based on certain factors on which the tribunal could not claim expertise, and there might be pitfalls. The opinion of agronomists on consumptive use, viz. transpiration, evaporation and metabolic activity, would be important.

The members suggested the appointment of three experts, two of them agronomists and the other from the field of meteorology/environment.

The committee would estimate the water requirement in the Cauvery basin on the basis of the areas of the first and second crops raised till 1974, and between 1974 and 1990, and the future requirements for domestic and other uses.

The tribunal, by an interim order in June 2001, directed Karnataka to release 205 tmcft to Tamil Nadu every year.

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