AMN / New Delhi
Tamil Nadu on Tuesday told the Supreme Court that Karnataka can’t have liberty to the use of its share of Cauvery water as it would alter the 2007 Cauvery Water Disputes Tribunal award.
Tamil Nadu told the bench of Chief Justice Dipak Misra, Justice Amitava Roy and Justice A.M.Khanwilkar that the use of Cauvery water for the purposes other than for which it has been allocated would introduce a fundamental change in the basis of the tribunal award.
“A fundamental change in a situation should provide for the review of the award”, senior counsel Shekhar Naphade appearing for Tamil Nadu told the bench “If Karnataka decides to change the use of water, I am entitled to raise a dispute.”
Urging the court that it should frame a scheme for the implementation of the tribunal award which would now merge into top court judgment after it is pronounced, Naphade told the court “We have virtually become beggar before Karnataka. I am at the mercy of Karnataka. Even the orders of the Supreme Court have not been complied with.”
Karnataka said this in the course of the hearing of cross petitions by Tamil Nadu and Karnataka – both challenging the the Cauvery Water Disputes Tribunal award. Kerala too has challenged the allocation of water by the tribunal.
The Centre today told the apex court that it had held back its hands on the implementation of the 2007 Cauvery award as matter was pending before the top court. It said that it would comply with the orders of the court.
At this court said that it would give Centre some time to comply with its order.
The Centre, in the meanwhile placed before the court 12 clarifications it had sought on the 2007 Cauvery Water Dispute Tribunal Award that included the question of
The Cauvery Water Disputes Tribunal award had come on February 5, 2007 and it was gazetted by the Centre February 19, 2013.
Besides deciding on the sharing of water, the Cauvery Water Disputes Tribunal had recommended setting up of Cauvery Management Board and the Cauvery Water Regulation Committee.
The hearing into 2007 appeal that commenced on February 7 has already taken place on 28 days spread over eight months.
State Needs and not century old accord could be basis of sharing Cauvery water, Karnataka tells SC
AMN / New Delhi
Karnataka on Tuesday told the Supreme Court that nearly a century old 1924 agreement between the erstwhile British province of Madras and the princely State of Mysore could not be basis of sharing Cauvery river water between it (Karnataka) and Tamil Nadu.
The Cauvery Water Disputes Tribunal award in 2007 decided on the water sharing on the basis of 1890 and 1924 agreement without determining equitable share and its apportionment, Karnataka told the bench of Justice Dipak Misra, Justice Amitava Roy and Justice A.M.Khanwilkar.
Describing the 1924 agreement “political” in essence, senior counsel Fali Nariman appearing for Karnataka told the bench that the equitable apportionment of water is based on the needs of the States and not the review of 1890 and 1924 agreements.
Nariman said this as top court today resumed the hearing on a batch of petitions by Karnataka, Tamil Nadu and Kerala challenging the allocation of water by the Cauvery Water Disputes Tribunal award in 2007.
“The tribunal has apportioned the water of Inter-State River Cauvery not on the basis of settled principles of equitable apportionment … but on the basis of 1924 agreement”, Nariman told the court.
Telling the court that 1924 agreement was “”vitiated by the doctrine of unconscionability and was invalid and void”, Nariman told the court that “the Agreement of 1924 was entered into between the British province of Madras on one hand and the Princely State of Mysore on the other.”
He described the then Princely State of Mysore as “fiduciary” State.
Nariman said that this agreement was “expressly approved” by the then Secretary of State on behalf of the British government.
The Cauvery Water Disputes Tribunal award had come on February 5, 2007 and it was gazetted by the Centre February 19, 2013.
Besides deciding on the sharing of water, the Cauvery Water Disputes Tribunal had recommended setting up of Cauvery Management Board and the Cauvery Water Regulation Committee.
The top court by its January 4 order had directed that hearing would commence on February 7 and continue on day to day basis till it concludes.
The hearing on the cross petitions first took place on February 7 when Nariman had given an over-view of the problem with its history to the bench.
