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Karnataka urges SC to review order on Cauvery water release

Chief minister says it is not possible to comply with directive
Last Updated 01 October 2016, 20:02 IST

Karnataka on Saturday approached the Supreme Court seeking review of its orders directing the release of Cauvery river water to Tamil Nadu.

It said the live storage at its four reservoirs is insufficient to even meet drinking water requirements of Bengaluru.

It contended that the apex court passed the order for release of water even though Chief Minister Siddaramaiah pleaded the impossibility of complying with the court’s direction for “the situation, which is beyond its control, and there is no intention to disobey the order”.

It also maintained that the apex court erred in directing constitution of the Cauvery Management Board as the issue had been challenged under the civil appeal. On an application by Tamil Nadu, a three-judge bench had on December 3, 2013 said that the issue could wait and would be heard along with the civil appeal.

“Whether this court is right in directing the constitution of the Cauvery Management Board, when such a power being a Legislative in character, depends upon the authority exercising the power as well as the nature of the function and obligation arising from the legislation,” Karnataka said.

A bench of Justices Dipak Misra and U U Lalit warned Karnataka that “wrath of law” may fall on it if the state continued to flout the orders.

The court on Friday again directed Karnataka to release 6,000 cusecs per day till October 6. It also asked the Union government to set up by October 4, the Cauvery Management Board, which would assess ground realities and report back on October 6.

In its petition, Karnataka pointed out that the court “erred” as further release from its reservoirs would cause “irreparable injury” to it as once the releases were made, the water could not be retrieved in case of good normal Northeast monsoon.

Maintaining that the stoppage of water is bona fide, the state contended that the court passed the order without obtaining an expert opinion by sending a team to both the states to assess ground realities as was done during the distress year of 2012-13.

“The right to drinking water is a basic need for survival and is part of the right to life and human right as ensured in Article 21... Court may not be right in directing Karnataka to order further release of waters from its reservoirs without considering the factors like the failure of Southwest monsoon in Karnataka and likely success of Northeast monsoon,” it said.

It submitted that Karnataka released water following orders passed on September 5 and 12 at the cost of standing crops. “As on 29.09.2016, Karnataka ensured 17.05 tmcft at Biligundlu from the date of first order of this court 05/06.09.2016,” it said.

Karnataka urged the court to review its orders passed on September 20, 27 and 30 for release of water and set up Cauvery Management Board.

State won’t nominate member to board

With the deadline set by the Supreme Court to states to nominate members for the proposed Cauvery Management Board (CMB) ending at 4 pm, Karnataka on Saturday decided not to nominate its representatives to the body, DHNS reports from New Delhi.

Tamil Nadu nominated its Cauvery cell chief engineer R Subramanian and Puducherry named its Public Works Department chief engineer P Swaminathan.  The Ministry has not received any communication from Kerala .

Karnataka, which has been opposing the formation of the CMB, decided not to nominate a representative, following a suggestion from legal experts. Karnataka is of the view that if it suggests a name, it will amount to the state accepting the constitution of the CMB. Karnataka, in its review petition filed before the Supreme Court on Saturday, also opposed constitution of the CMB. 

With two states not recommending their representatives, the Water Resources Ministry is likely to bring the matter to the notice of the Apex Court on Monday.

River row

 State has invoked Article 137 of the Constitution to seek review of order on
Cauvery board
 Legal team approached SC registry on Saturday, but petition could not be filed
 Petition can now only be numbered (formally registered) on Monday
 State counsel may mention it before the Chief Justice’s bench on Monday
 Review petitions are considered by same bench of judges which passed original order


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(Published 01 October 2016, 20:02 IST)

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