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Wednesday, Jul 11, 2007
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Tribunal not to hear States’ plea

Legal Correspondent

Cites SLPs filed against Cauvery award

To hear pleas after disposal of SLPs by apex court
Tamil Nadu asked to approach apex court

New Delhi: The Cauvery Water Disputes Tribunal on Tuesday refused to hear applications filed by Tamil Nadu, Karnataka, Kerala and Puducherry seeking clarification on the final award passed on February 5 allocating the quantum of water for each State.

The Tribunal comprising its Chairman, Justice N. P. Singh and Members N. S. Rao and Sudhir Narain told counsel for the parties that since the Supreme Court had admitted special leave petitions (SLPs) filed by Karnataka, Tamil Nadu and Kerala against the final award, it would not be proper for it to take up the clarificatory applications. “We will not know which portion of the award will survive and whether our order will be modified or not.”

Senior counsel K. Parasaran, appearing for Tamil Nadu, said that there would not be any bar on the Tribunal taking up the applications during the pendency of the SLPs.

Mr. Justice Singh, however, asked counsel “how can we proceed when the foundation of our order itself has been challenged.”

Rejects submission

The Tribunal rejected the submission of counsel and passed an order that it would hear the applications after the disposal of the SLPs.

Senior counsel Anil Divan appeared for Karnataka and senior counsel Rajeev Dhavan for Kerala.

The Tribunal asked counsel for the Centre to supply copies of the application (relating to implementation of the award) it had filed to counsel for the States.

The Tribunal also disposed of an application from Tamil Nadu for a direction to restrain Karnataka from taking up, executing or commissioning any new check dams or irrigation works and/or lift irrigation schemes creating new ayacut.

Contrary to final award

The present proposal of Karnataka to take up these projects would, besides being contrary to the final award, would affect the interests of downstream State of Tamil Nadu, the application had said.

The Tribunal asked Tamil Nadu to approach the Supreme Court for relief since it was seized of the matter.

The Tribunal had determined the total availability of water in the Cauvery basin at 740 tmcft at Lower Coleroon Anicut site and allocated for Tamil Nadu, 419 tmc ft; Karnataka 270 tmcft; Kerala 30 tmcft and Puduchery 7 tmcft. As per the final award, Tamil Nadu’s share to be released by Karnataka at Biligundulu gauging station is 182 tmcft, in addition to 10 tmcft for environmental purposes.

From this 192 tmcft, Tamil Nadu will release 7 tmcft to Puducherry.

According to lawyers, the final award cannot be notified in the Gazette till the Supreme Court decides on the SLPs.

Till then, the Tribunal’s interim direction to Karnataka to release 205 tmcft of water to Tamil Nadu will operate.

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