SC refrains from passing order on Tamil Nadu's plea on release of Cauvery water

The apex court sought the report from Cauvery Water Management Authority on the amount of water released by Karnataka to Tamil Nadu.

The Supreme Court on Friday refrained from passing any order on Tamil Nadu's plea for a direction to Karnataka to release 24,000 cusecs of Cauvery water per day.

The top court, however, preferred to seek a report from the Cauvery Water Management Authority on quantum of release made by Karnataka in terms of the previous directive, saying it does not possess any expertise on this issue.

After hearing senior advocates Mukul Rohatgi for Tamil Nadu and Shyam Divan for Karnataka, a three-judge bench led by Justice B R Gavai said the contention of the state of Tamil Nadu is that though authority has passed orders, the water has not been supplied by Karnataka.

It noted Karnataka said water earmarked by CWMA has been discharged but it takes time of three days to reach Tamil Nadu.

"We do not possess expertise on the matter," the bench said.

Additional Solicitor General Aishwarya Bhati for the Centre, said that the authority is going to hold a meeting on Monday to decide discharge of water for next fortnight.

"We find that it will be appropriate that CWMA submits its report on whether the directions issued for discharge of water has been complied or not and in the meantime their next order will also be in record. ASG is requested to communicate this order to the authority and have the report submitted to us by next Friday," the bench said.

Karnataka led by senior advocates Divan and Mohan V Katarki also pointed out that orders by authority are adverse to its interest and it has filed an application for reducing the share allotted.

"On the contrary, Tamil Nadu has sought an increase in the share. Let this be decided by the authorities. Case to be listed next Friday," the bench said in its order.

Karnataka has opposed before the court a plea by Tamil Nadu for release of 24,000 cusecs per day of Cauvery river water from its reservoirs, contending it faced distress situation due to failure of south-west Monsoon.

Karnataka also said it has asked CWMA to review the decision taken on August 11 for ensuring of 10,000 cusecs per day at the inter-state border Biligundlu from August 12 for the next 15 days.

Tamil Nadu filed a plea in the court seeking a direction to Karnataka to release 24,000 cusecs of Cauvery water forthwith from its reservoirs at Billigundulu for the remaining period of the month, starting from August 14.

During the brief hearing, the court did not allow a request by Rohatgi for Tamil Nadu to issue an interim order to Karnataka for continuing to release at least 10,000 cusecs of water every day after the Centre informed the bench that a meeting of the Cauvery Water Regulation Committee (CWRC) is scheduled for August 28.

"Why don’t you go to the authority? They have experts. We don’t possess any expertise on these matters. If there is non-compliance, bring it to the notice of the authority, before us, it is only your words against their words,” the bench told the counsel.

In an affidavit, Karnataka said it faced distress situation due to failure of south-west Monsoon, so it is not obliged to and it cannot be compelled to ensure water as per the stipulated releases prescribed for the normal year.

It also said the total inflows in four reservoirs in Karnataka are lesser by 42.5 per cent as on date.