The Hindu : New Delhi News : Interim Cauvery order cannot be enforced: Karnataka

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Thursday, Mar 13, 2008
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Interim Cauvery order cannot be enforced: Karnataka

J. Venkatesan

‘Question of distribution has to be decided by CRA’

New Delhi: Karnataka has informed the Supreme Court that neither the interim order nor the final award of the Cauvery Water Disputes Tribunal can be enforced against it. The release of water has to be decided only by the Cauvery River Authority headed by the Prime Minister.

This stand is contrary to the Centre’s clarification issued to Karnataka in June last year that the interim order was effective and binding on the four riparian States till the Tribunal’s final award directing Karnataka to release 192 tmcft of water at Biligundlu was notified in the gazette. Since the Tribunal was yet to give its clarification in view of the pendency of the appeals in the Supreme Court, interim order would operate, the Centre stated.

Responding to Tamil Nadu’s application 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, Karnataka said “during the pendency of the appeal before this court, there is no operative regime, governing the distribution of Cauvery waters.” The matter is expected to come up for further hearing shortly.

The affidavit said “the interim order dated June 25, 1991 [to release 205 tmcft of water] cannot be enforced against Karnataka because it [order] has spent itself on its own terms since it is specifically mentioned in the said order ‘…this order will remain operative till the final adjudication of the dispute’.”

It said in response to the Centre’s letter of June 2007, Karnataka in July 2007 had said that the Centre had not correctly understood the earlier letter.

It was pointed out that the question of distribution of water had to be decided by the CRA and accordingly sought a meeting of the CRA. However, till today no meeting of the CRA had been called.Karnataka said in a letter dated July 9, 2007 it had conveyed to the PWD Minister of Tamil Nadu that “the Government of Karnataka does not accept the contention of Tamil Nadu that the interim order dated June 25, 1991 survives.” Refuting the stand of the Centre and Tamil Nadu that the Tribunal’s interim order would continue to operate, Karnataka said “interim order cannot be the governing regime during the pendency of appeals before this court because the said order passed almost 17 years ago does not reflect the changed conditions.”

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