SC tells govt: Notify board on Cauvery by monsoon

Asks govt to notify constitution of 10- member authority

In a significant order which will bring the curtain down in the longpending Cauvery water dispute, the Supreme Court on Friday directed the Centre to notify in the gazette the constitution of the 10- member Cauvery Water Management Authority and give effect to the authority quickly before the onset of the southwest monsoon.

A three- judge bench of Chief Justice Dipak Misra and Justices A. M. Kanwilkar and D. Y. Chandrachud, in its order, noted that there was a distress situation in Tamil Nadu due to scarcity of water, which can be remedied to some extent by effective implementation of the scheme. The court accepted the assurance given on behalf of the Centre that the “draft scheme” for implementation of the February 16 judgment on distribution and apportionment of water to the four riparian states of Karnataka, Kerala, Tamil Nadu and Puducherry will be taken to its logical end swiftly. Under the scheme, states are to furnish/ place an indent to the authority for supplies needed by them at each reservoir site. Both Karnataka and Kerala objected to this, saying the states cannot be compelled, as it would interfere with states’ rights.

◗ The court accepted the assurance given on behalf of the Centre that the ‘ draft scheme’ for implementation of the Feb. 16 judgment on distribution of water will be taken to its logical end

In a significant order which will bring the curtains down in the long pending Cauvery water dispute, the Supreme Court on Friday directed the Centre to notify in Gazette the constitution of the 10- member Cauvery Water Management Authority and give effect to the authority with promptitude before the onset of the southwest monsoon.

Disposing of a contempt petition filed by Tamil Nadu, a three- judge bench of Chief Justice Dipak Misra and Justices A. M. Kanwilkar and D. Y. Chandrachud in its order noted that there is distress situation in the state of Tamil Nadu due to scarcity of water, which can be remedied to some extent by the effective implementation of the scheme.

The court accepted the assurance given on behalf of the Centre that the “draft scheme” for implementation of the February 16 judgment on distribution and apportionment

of water to the four riparian states of Karnataka, Kerala, Tamil Nadu and Puducherry will be taken to its logical end with utmost dispatch.

As per the provisions of the scheme, the states are to furnish/ place an indent to the authority for the supplies required by them on each reservoir site. Both Karnataka and Kerala objected to this and said the states cannot be compelled, as it would amount to interference with state’s rights. Further, they said it is wholly unnecessary as the award passed by the tribunal quantifies the volume of river water to be shared and apportioned between the states.

Rejecting the submission, the bench said, “Suggestions/ objections of the state of Karnataka and state of Kerala are devoid of merit. This objection does not commend us inasmuch as the necessity to furnish/ place an indent of water demand and about the total water reservoir is to work out the quantity of river water to be released during the relevant period in consonance with the proportion specified in the award as modified by this court. That is to further the rights of the States/ UT for just and reasonable use of water from the allocable water on equitable basis and not to impinge upon their rights and more so for smooth and effective implementation of the Award as modified by this court.”

The court agreed with the Centre’s submission that the dispensation envisioned in the concerned clauses in the “scheme” is essentially to ensure smooth and effective implementation of the scheme.