Cauvery Water dispute: Order directing State of Karnataka to release 15000 cusecs of water, modified

Supreme Court: In the Cauvery Water Dispute, the bench of Dipak Misra and U.U. Lalit, JJ modified it’s order dated 05.09.2016 and directed the State of Karnataka to release 12000 cusecs of water per day and said that the direction, shall remain in force till 20th September, 2016. The Court had earlier ordered the State of Karnataka to release 15000 cusecs of water in the interest of farmers of the State of Tamil Nadu.

It was highlighted by Fali S. Nariman that in the State of Tamil Nadu, there is need of water as there is less of drinking water and the suffering of the farmers are immense. However, it was also highlighted that the State of Karnataka is facing enormous difficulty with regard to the water situation.

The Court took up the matter urgently because of the because of the spontaneous agitations in the various parts of Karnataka in the Cauvery basis which has paralysed the normal life besides destroying the public and private properties. The Court termed such activities to be absolutely disturbing and totally depreciable. It was said that agitation in spontaneity or propelled by some motivation or galvanized by any kind of catalystic component, can never form the foundation for seeking modification of an order. The citizens cannot become law unto themselves. When a court of law passes an order, it is the sacred duty of the citizens to obey the same. If there is any grievance, they are obligated under the law to take recourse to permissible legal remedies.

The Court, listing the matter on 20.09.2016, asked the inhabitants of both the States, namely, the State of Karnataka and State of Tamil Nadu to behave regard being had to the respect for law and order and the Executive of both the States are under the constitutional obligation to see that the law and order prevails. [State of Tamil Nadu v. State of Karnataka, 2016 SCC OnLine SC 932, decided on 12.09.2016]

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