Supreme Court: As an interim measure, regard being had to the subsequent developments and the problems that have been highlighted by Fali S. Nariman in the State of Karnataka, the Court directed the State of Karnataka to release 6000 cusecs of water from today till the next date of hearing i.e. 27.09.2016. The Court had initially, on 05.09.2016 directed the release of 15000 cusecs of water and had later modified the said order on 12.09.2016 and directed the release of 12, 000 cusecs of water by the State of Karnataka.

The bench of Dipak Misra and U.U. Lalit, JJ noticed that the Cauvery Water Dispute Tribunal had fixed 192 TMC for normal year in favour of the State of Tamil Nadu and the Tribunal has also carved out monthly allocation from the month of June to May, which is called the “water year”. However, it was contended by the Counsel appearing for the State of Karnataka that is not a normal year and, therefore, there has to be adjustment in monthly allocation and If there is a deficit year and not a normal year, the yearly allocation has to reduce proportionally. He further contended that when the State of Karnataka is in a great misery as far as the supply of water is concerned, it is not possible to release any water in favour of the State of Tamil Nadu and that the State of Karnataka has to part with drinking water if it is compelled to supply the water to the State of Tamil Nadu.

Shekhar Naphade, the counsel for the State of Karnataka contended that the monthly allocation by the Tribunal is rational, inasmuch as it has taken into consideration various crops that are grown in the State of Tamil Nadu and seasonal requirement. He also submitted that both the States have to embrace the principle of adjustment in deficit year. He, however, said that the Tribunal has not really referred to the decision pertaining to drinking water for 2/3rd of the City of Bengaluru are covered by the water basin.

Considering the aforesaid contentions, the Court directed the Union of India to constitute the Cauvery Management Board within four weeks hence, regard being had to the directions by the Tribunal. The Union of India shall produce after four weeks the notification indicating that the Cauvery Management Board has been constituted so that, if required, appropriate directions can be issued to the Board. [State of Karnataka v. State of Tamil Nadu, 2016 SCC OnLine SC 962, decided on 20.09.2016]


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