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2018-02-16

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Tamil Nadu said it wanted a judicial order and did not want to depend on the Centre that took six years to publish the Tribunal award in the gazette in 2013.

In its turn, the Centre, represented by the then Solicitor-General Ranjit Kumar, had tried to apprise the Bench that it was Parliament’s call to finalise the water-sharing scheme under the Inter-State Water Disputes Act, 1956. But the court remained firm, saying the judiciary had a role and the judgment in the appeals would speak for itself.

Centre pulled up

Before reserving the judgment, the Bench had pulled up the Centre for not implementing the final award of the Tribunal and questioned its reluctance to set up the Cauvery Management Board.

The Centre had defended itself, saying it had set up the Cauvery River Water Authority and Supervisory Committee following the court’s direction.

Mr. Kumar submitted that it had been waiting for the court to clarify its position on the tribunal award.

The final arguments had seen senior advocate Fali Nariman, for Karnataka, urge the court to realise that the Tribunal award fixing monthly water releases to Tamil Nadu without any regard to the availability of water in Karnataka was harsh.

“It is like the tribunal ordering God to send rain to the State,” Mr. Nariman had said at a July 18 hearing.

‘Erroneous stand’

Mr. Nariman had argued that the Tribunal had not even considered the requirement of two-thirds of Bengaluru on the “erroneous consideration that the city is not entitled to the supply of water from the Cauvery.”

The State said the needs of Bengaluru were not considered when the Tribunal earmarked water for domestic and industrial requirements of Karnataka and Tamil Nadu. The Tribunal spared 1.85 tmc to Karnataka and 2.73 tmc to Tamil Nadu for consumptive use.

At an earlier hearing on July 12, the Bench dealt with the 1924 agreement for Cauvery water-sharing.

END
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