Cauvery river dispute: SC to hear Tamil Nadu water plea for standing crops on 25 August

CJI Chandrachud said this in reply to senior advocate Mukul Rohatgi who had sought an urgent listing of Tamil Nadu’s plea for the release of Cauvery water as per the Cauvery River Water Dispute Tribunal Award, which was later modified by the top court on 16 February, 2018.

The top court, by that judgement, reduced the allocation of Cauvery water by the Cauvery River Water Dispute Tribunal to Tamil Nadu, and increased the allocation to Karnataka. The top court did this noting that Tamil Nadu had 20 thousand million cubic feet (tmcft) of groundwater on its part of the basin area.

Also Read: SC to set up bench to hear TN plea for release of Cauvery water by Karnataka

Tamil Nadu’s plea

Besides seeking direction for the release of 24,000 cusecs of water at Billgundala, Tamil Nadu has sought a direction to the Karnataka government to ensure the stipulated releases of 36.76 tmcft of water for September 2023.

Tamil Nadu also sought a direction to the Karnataka government to make good the shortfall of 28.849 tmcft of water for the current irrigation year, from 1 June to 31 July.

It further sought a direction to the Cauvery Water Management Authority (CWMA) to ensure that the quantum of Cauvery water that Karnataka had to release to Tamil Nadu was fully implemented and that the stipulated monthly releases during the remaining period of the current water year are fully given effect.

Tamil Nadu, in its petition before the top court, said that the deficit in supply at Billgundala, as on 9 August 2023, which was 37.971 tmcft, had to be fulfilled, in addition to the demand of around 24,000 cusecs in the month of August.

Pointing out that the CWMA, in its 84th meeting on 10 August, directed Karnataka to release 15,000 cusecs of water at Billgundala from 11 August (from 8 am) or in the next 15 days, the Tamil Nadu government said, “Unfortunately, even this quantum of water was arbitrarily reduced to 10,000 cusecs by the CWMA in its 22nd meeting, held on 11 August, at the instance of Karnataka.”

It added: “Regretfully, even this amount of 10,000 cusecs to be ensured at Billgundala by releasing such quantum of water from the Krishna Raja Sagara and Kabini reservoirs has not been complied with by the state of Karnataka.”

Tamil Nadu also stated, “Karnataka is duty bound to release Cauvery water to Tamil Nadu, as per the Final Order passed by the Tribunal as modified by this Hon’ble Court. Karnataka has been directed daily/monthly release during the months of June to January and, thereafter, from February to May for meeting the environment flows.”

Also Read: Karnataka to appeal in SC over release of Cauvery water to TN

Supreme Court’s 2018 judgement

The Supreme Court, by its 16 February 2018 judgement, had reduced its share of the Cauvery river water to 177.25 tmcft, down from 192 tmcft allocated by a Tribunal in 2007.

A Bench of Justices Dipak Misra, Amitava Roy, and AM Khanwilkar (all since retired) had reduced Tamil Nadu’s share as it had noted that the Cauvery Tribunal had not taken into account the 20 tmcft of groundwater available on Tamil Nadu’s side of the river basin.

“In totality, we deem it appropriate to award to the State of Karnataka an additional 14.75 tmcft of water — 10 tmcft (on account of availability of groundwater in Tamil Nadu) + 4.75 tmcft (for drinking and domestic purposes including such need for the whole city of Bengaluru),” the court had said in its 16 February 2018 judgement.

While allocating an additional 14.75 tmcft of water to Karnataka, the top court had said, “The state of Karnataka would now be required to release 177.25 tmcft of water at the interstate border with Tamil Nadu — at Billgundala.”

Also Read: Karnataka government under fire for giving Cauvery water to TN