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SC orders Karnataka to release water to Tamil Nadu daily

The Supreme Court on Friday directed Karnataka to release 9000 cusecs [approximately 0.8 tmcft] of water daily to Tamil Nadu in accordance with the order of the Cauvery River Authority.

Adjourning hearing on the contempt petition against Karnataka Chief Minister S M Krishna and four others till October 24, a three-judge bench headed by Chief Justice B N Kirpal said, "Water is directed to be released by Karnataka in the manner indicated in the September eight order of CRA headed by Prime Minister [Atal Bihari Vajpayee]."

On Karnataka counsel senior advocate Anil Dewan's assertion that the state had already sought review of the CRA order and the prime minister was also considering it, the court said, "Till that order is reviewed, the earlier order stands."

The bench, also comprising Justice K G Balakrishnan and Justice Arijit Pasayat, said, "Karnataka is under an obligation to release 0.8 tmcft water. We are ill-equipped to go into the ground situation. Certainly the prime minister is more aware of the same. You are bound to comply with the prime minister's order."

"You [Karnataka] shall obey the CRA order but it is open to the CRA to change its order," it said when Karnataka repeatedly contended that release of more water to Tamil Nadu would adversely affect the standing crops.

Tamil Nadu had filed a petition seeking initiation of contempt proceedings against Krishna, Karnataka Water Resources Minister H K Patil and three others on the ground that the state had violated Supreme Court's September three order for release of 1.25 tmcft water every day as well as the CRA order for release of 0.8 tmcft water daily.

Appearing for Tamil Nadu, senior advocate K K Venugopal said that due to non-release of water by Karnataka during June-August period, the Kuruvai crops were destroyed.

If water is not immediately released, the Samba crops, which were on the verge of transplantation stage, would also meet the fate of the Kuruvai crops, he added.

Karnataka counsel, senior advocate Anil Divan, contended that Tamil Nadu would soon receive rain from the northeast monsoon and any release of water now would be harmful to the standing crops in its state.

He said 52 per cent of the yearly rainfall in the Cauvery delta in Tamil Nadu would be from the northeast monsoon alone and by asking for more water, Tamil Nadu wanted to reap three crops as against the one by Karnataka.

The bench said it was concerned about the farmers -- both from Tamil Nadu and Karnataka.

Meanwhile, the Cauvery Monitoring Committee in its report to the prime minister, a copy of which was given to the Supreme Court, said large areas in Tamil Nadu were being readied for the transplantation of Samba crops but the actual transplantation had not been done so far.

It also highlighted the severe drought conditions in both the states and stated that the water level in the reservoirs in the states had been at the lowest.

Karnataka Law Minister D B Chandre Gowda said the state Cabinet would meet in Bangalore on Saturday to discuss the issue.

Gowda said Karnataka might also request Vajpayee to modify the CRA decision in view of the severe drought conditions in the state.

Cauvery Water Dispute: The Complete Coverage

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