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Apex court gives Karnataka two weeks to file reply

New Delhi: The Supreme Court on Friday asked the Karnataka Government to file its response to an application filed by Tamil Nadu seeking a direction to restrain Karnataka from taking up, executing or commissioning new check dams, irrigation works and/or lift irrigation schemes creating new ayacut.

A Bench of Chief Justice K.G. Balakrishnan and Justice R.V. Raveendran, after hearing senior counsel Fali Nariman for Karnataka and senior counsel V. Krishnamurthy for Tamil Nadu, gave Karnataka two weeks to file a reply. In its suit challenging the final award of the Cauvery Water Disputes Tribunal, Tamil Nadu had alleged that ever since the Tribunal gave its interim award in June 1991, Karnataka had not ensured the monthly quantity of inflow prescribed in the Mettur reservoir, especially from June to August. If at all the annual quantum of 205 tmcft of water was realised, it was as a result of flood surpluses Karnataka could not hold in its reservoirs.

The application filed in the same suit stated the unilateral action on the part of Karnataka in committing itself to lift irrigation projects and rejuvenation and desiltation of tanks leading to creation of additional storage and utilisation of scarce waters of the Cauvery.

The proposal to take up these projects was contrary to restrictions imposed by the Cauvery Tribunal on lift irrigation schemes and would diminish the flow of water Tamil Nadu was entitled to. It would create expectations in the minds of people of Tamil Nadu, which could not be fulfilled and might lead to unnecessary friction between the people of the States.

It pointed out that execution or commissioning of new projects by Karnataka and the likely diversion of Cauvery flows would cause irreparable hardship, injury and serious prejudice to Tamil Nadu and Puducherry, which depend on Cauvery flows for sustaining the agricultural economy.

The application sought a direction to restrain Karnataka from executing or commissioning any new check dams or irrigation works and/or lift irrigation schemes, “which are in violation of the final order passed by the Tribunal on February 5, 2007, thereby creating new ayacut under any such schemes and to restrain Karnataka from taking up desiltation of minor irrigation tanks in the Cauvery basin and thereby increasing the impounding of waters.”

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