Govt gets time till Jan 31 for Cauvery notification

Shettars letter to PM delayed process, Supreme Court told

 The Supreme Court on Friday allowed the Centre’s plea seeking time till January 31 to notify the decision of the Cauvery Water Disputes Tribunal passed in 2007.

A bench of justices D K Jain and Madan B Lokur, however, pulled up the Centre for failing to notify the decision by December end.

The court further said it could not allow Karnataka to play “hide-and-seek” over the issue, after being informed that Chief Minister Jagadish Shettar had written to Prime Minister Manmohan Singh last month, asking him to not to notify the decision unilaterally, contributing to the delay.

The bench also directed the Cauvery Monitoring Committee (CMC) to take a decision regarding the release of water to Tamil Nadu by January 11.

Appearing for the Centre, Additional Solicitor General H P Raval submitted that notification of the final decision of the tribunal, passed on February 5, 2007, has been referred to the Law and Justice Ministry after the Water Resources Ministry took a decision, in adherence to the procedure of legislative business.

The bench, however, seemed unconvinced with the plea as it cited its December 10 order. “So far as notification is concerned, there is no ambiguity.”

“We want the file to be produced before us. This is not done. If you have some other battles to fight, do it at different fronts,” the court observed.

At this juncture, Raval submitted that Karnataka had raised certain objections regarding the matter. He also pointed out that a new minister had joined the Law and Justice Ministry.

“This is a sensitive issue. There are various legal considerations that have to be gone into,” Raval asserted.

To this, the bench said: “We can not allow Karnataka to play hide-and-seek. They cannot take one stand here and another outside.”

Senior advocate Fali S Nariman, appearing for Karnataka, submitted that he did not have any objection on the issue of notification. The court then asked senior advocate C S Vaidyanathan, representing Tamil Nadu, if there was any impropriety in allowing the Centre further time to take a decision on the award.

He replied that the award may be notified subject to pending civil appeal.
“Pursuant to the decision taken by the CMC on December 7, the draft notification for notifying the final decision rendered by the Cauvery Water Disputes Tribunal was sent for vetting to the Ministry of Law and Justice. The ministry decides to examine afresh the question of issue of the said notification in the light of its earlier decision.

ASG prays for time to the Central government to take a final decision by the Law and Justice Ministry. He submits that the final decision is expected by January 31,” the court recorded in its order.

The court also noted that all parties stated that they did not have any objection if the final decision was notified without prejudice to their rights to challenge it.

“So far as the question of release of water for Tamil Nadu is concerned, we are of the view that it is proper and expedient for the CMC to convene its meeting as early as possible by January 11 to pass an appropriate order in view of the standing crops of Tamil Nadu and Karnataka,” the bench said.