Karnataka stand on Cauvery award untenable

  • 26/03/2008

  • Hindu

Tamil Nadu has described as "untenable, unfair and unjust,' Karnataka's stand that neither the interim order nor the final award of the Cauvery Water Disputes Tribunal can be enforced against it, and that release of water has to be decided only by the Cauvery River Authority headed by the Prime Minister. In its rejoinder to the suit filed in the Supreme Court, Tamil Nadu said, "The contention of Karnataka that there is no operative regime governing the distribution of waters is totally untenable besides being unjust and unfair.' It said: "The contention of Karnataka that the interim order of the Tribunal dated June 25, 1991 [directing release of 205 tmcft of water to Tamil Nadu] cannot be the governing regime during the pendency of civil appeals before this court is wholly misconceived. The reference to the civil appeal filed by Karnataka against the Tribunal's final order dated February 5, 2007 is totally devoid of merit and is only an attempt to delay the final adjudication of the matter, which has been pending for over 17 years before the Tribunal.' Tamil Nadu asserted that the Tribunal's interim order would continue to be in force till the final award was notified in the gazette. Since the Tribunal had rejected various lift irrigation schemes in the Cauvery basin, Karnataka was not entitled to proceed with the construction of the said projects, which, besides being illegal, would be detrimental to the interests of the lower riparian States of Tamil Nadu and the Union Territory of Puducherry. Responding to Tamil Nadu's application for a direction to restrain Karnataka from taking up, executing or commissioning any new check dams or irrigation works and/or lift irrigation schemes creating new ayacut, Karnataka had said: "During the pendency of the appeal before this court, there is no operative regime, governing the distribution of Cauvery waters.' Assailing this, Tamil Nadu said: "It is not open to Karnataka to contend on the one hand that the final order is not operative and at the same time contend that the interim order cannot be implemented. It will result in a situation where Karnataka will be free to deal with the inter-State waters of the river Cauvery in the manner it wishes, without consideration to the demands and needs of Tamil Nadu and the Union Territory of Puducherry.'