Karnataka told to release Cauvery water to
Tamil Nadu, demurs
Thursday February 07, 2013 09:56:40 PM,
IANS
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New
Delhi/Bangalore: The Supreme Court Thursday directed
Karnataka to "forthwith" release 2.44 tmc (thousand million cubic
feet) of Cauvery river water to Tamil Nadu for irrigating its
standing crops but the state said it would explore all options.
A bench of Justice R.M. Lodha, Justice J.Chelameswar and Justice
Madan B. Lokur said Karnataka would release the water forthwith.
However, Karnataka was not moved.
"We will not release the water in a hurry and will explore all
options," Water Resources Minister Basavaraj Bommai told the
Karnataka assembly in Bangalore soon after the apex court order.
Chief Minister Jagadish Shettar told the house that "it (directive
to release water forthwith) is a matter of serious concern".
Later, Shettar and Bommai flew to New Delhi to consult legal
experts on whether the state can approach the apex court to
withdraw or modify its directive as Karnataka too was facing
severe water shortage.
Shettar and Bommai told the house that in the past the Supreme
Court directives were accompanied by a schedule to release the
water over a period of time.
"This time the order is for forthwith release and this is of grave
concern," Bommai said as opposition Congress and Janata Dal-Secular
members demanded that the state government take all steps to get
the directive rescinded.
Both Shettar and Bommai refuted the opposition charge that the
Bharatiya Janata Party government had failed to provide to the
Supreme Court full details of the grave shortage of water the
state was facing following failure of monsoon.
The apex court order came after it received the expert committee
report, following its visite to the Tamil Nadu part of the Cauvery
delta basin, that 2.44 tmc water be released for the standing
crop.
The apex court Feb 4 directed the chairman of the Central Water
Commission to constitute a three-member expert committee to visit
the area.
Appearing for Tamil Nadu, senior counsel C.S. Vaidyanathan
objected to the expert committee report, saying that it was not
based on objective facts.
"They have not covered even 10 percent of the area which has the
standing crop. They could not have covered the entire area in one
day," he contended.
Brushing aside Tamil Nadu's objections, the court said: "According
to you, whatever you say should be accepted as gospel truth and
the order be passed accordingly."
"We did not expect them (the expert committee) to come to a
precise conclusion by surveying the area inch by inch," Justice
Lodha said.
Unimpressed by the submission by Vaidyanathan, Justice Lodha said
that in 20 years as a judge he has not come across an instance
when the report of an expert committee has not come in for
criticism.
Tamil Nadu came in for another rebuff when in response to a
submission by Vaidyanathan that "this is an election year in
Karnataka", Justice Lodha said: "This is something that is outside
the court."
Senior counsel Anil Divan, appearing for Karnataka, also took
exception to this point by Vaidyanathan, saying Tamil Nadu counsel
could not attribute malafide intent and politics at the bar.
As Divan said that nothing would make Tamil Nadu happy, Justice
Lodha said: "Tamil Nadu will be happy if God gives them good
rains."
Appearing for Tamil Nadu earlier this week, Vaidvanathan sought
nine TMC of water for the state's standing crops spread over six
lakh hectares of land.
He said one-third of the crops spread over three lakh hectares of
land had perished due to drought and the remaining crop in six
lakh hectares area needed to be irrigated twice to save it.
Senior counsel Fali Nariman, appearing for Karnataka, contended
that 40 percent of standing crops had been harvested and the rest
was about to be harvested. Thus, Tamil Nadu needed no water for
irrigation.
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