— Photo: Shama sunder

VOICING PROTEST: Karnataka Rakshana Vedike activists being removed by police after they detained the Arsikere-Mysore Express at Hassan on Monday.

New Delhi: Lawyers led by senior advocate K. Parasaran, who have represented Tamil Nadu, and senior irrigation officials from the State, have hailed the Cauvery Water Disputes Tribunal's verdict saying that "the final award has yielded more than the interim award."

In their perception, the Tribunal's direction to Karnataka to release 192 tmcft of water to Tamil Nadu at Biligundulu would in effect mean 217 tmcft as 25 tmcft of water was said to be available between Billigundulu and the Mettur reservoir. Even after allocating 7 tmcft to Puducherry, Tamil Nadu would get 210 tmcft in a water year.

Lawyers led by Fali Nariman who have represented Karnataka, were guarded in their reaction. They said: "We will have to study the full order before commenting on it. Whether or not to file a clarificatory petition before the Tribunal will be decided only after studying the order."

However, senior counsel and former Tamil Nadu Advocate General, K. Subramanian was of the view that Tamil Nadu could have got more in the final award had there been proper coordination among the Cauvery cell team of lawyers. He said frequent change of lawyers (during the previous AIADMK Government) had resulted in contradictions in counsel's arguments. He said the significant aspect of the order was that the Tribunal had by and large adhered to the quantum of 134 tmcft (3 tmcft less than in the interim award) to save the interests of farmers during the `kuruvai' period.

The All India Bar Association (AIBA) welcomed the verdict. Chairman Adish C. Agarwala and vice-chairman S. Prabhakaran said: "We welcome the award and appeal to Karnataka to accept it gracefully and implement it in all earnestness without giving any room for bitterness."

Senior Supreme Court advocate T.R. Andhyarujina was of the view that the final award did not mark the end of the story. According to him, the Inter-State River Water Disputes Act provides for seeking a clarification within 90 days by any of the States concerned and if such an application was filed the Tribunal would have to pass the clarificatory order within a year. He said the Bachawat Tribunal (on the Krishna water dispute) gave its final award on December 24, 1973 and the clarificatory order on May 27, 1976. The Narmada Tribunal gave its final award on August 16, 1978 and the clarificatory order on December 7, 1979. The Godavari Tribunal gave its final award on April 27, 1979 and the clarificatory order on July 7, 1980.

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