SC directs Karnataka to release 177.25 tmcft Cauvery water to Tamil Nadu

DHNS

New Delhi, 16 Feb 2018: The Supreme Court on Friday upheld the Cauvery Water Dispute Tribunal’s decision of 2007 for distribution of river water but reduced the quantum of water to be released by Karnataka for Tamil Nadu from 192 to 177 TMCft.

 

A three judge presided over by Chief Justice Dipak Misra passed the judgement in the protracted dispute involving Karnataka, Tamil Nadu, Kerala and Puducherry.

 

"We are of the view that the final decision of the tribunal cannot be declared as illegal or fallacious," the bench also comprising Justices Amitava Roy and A M Khanwilkar said.

 

The court rejected Karnataka’s contentions that pre-Constitution agreements between the Maharaja of Mysore and Madras Presidency entered into in 1892 and 1924 cannot be relied upon.

 

The court termed Karnataka’s plea "unconscionable". "We are of the opinion that the tribunal was correct in its approach. No single state can claim exclusive right over the use of natural resources like water," the bench said.

 

The court, however, allowed Karnataka’s plea for taking into consideration the drinking water needs for Bengaluru.

 

It allowed the state to use 4.57 TMCft for Bengaluru, saying drinking water to be kept on high pedestal.

 

The court rejected Karnataka’s contention that the tribunal did not take into account availability of 20 TMCft ground water in Tamil Nadu. It, however, agreed to consider 10 TMCft of ground water.

 

The court said no state shall show any deviancy in implementing the decision, which shall be taken care by the central government as mandated under Section 6A of the Inter States Water Disputes to of 1956.

 

The apex court has held 28 days of marathon hearing in the dispute dating back to 1802. The judgement on the Cauvery water dispute is the first-of-its-kind under the Inter-State Water Disputes Act of 1956.