The Supreme Court on Wednesday directed Karnataka to release 10,000 cusecs of Cauvery river water daily to Tamil Nadu at Biligundlu.
A bench of justices D K Jain and Madan B Lokur, however, asked the Cauvery Monitoring Committee (CMC) to meet on Thursday to determine water required for the standing crops in both states.
The order came after senior advocate Fali S Nariman, appearing for Karnataka, submitted that the matter should be sent back to the CMC, which could hold meeting according to directions. He also conveyed Karnataka's willingness to comply with the CMC direction.
“The CMC is requested to hold its meeting on December 6 or 7 to determine water requirement for standing crops in Tamil Nadu and Karnataka for the month of December.
We direct that till the CMC submits its report, Karnataka shall release 10,000 cusecs of water at Biligundlu from Wednesday,” the bench said.
The court also sought to know from the Union government how much time it would take to notify the Cauvery Water Dispute Tribunal's final order.
“All the states'counsels submitted that despite statutory mandate as contained in Inter States Water Disputes Act, 1956, the final decision rendered by the Cauvery Water Dispute Tribunal on February 5, 2007, has not been notified. We request the additional solicitor general to seek instruction within how much time the decision will be notified,” the court stated in its order.
The matter has been posted for further hearing to Monday.
After hearing Tamil Nadu's plea for release of at least 30 tmcft of water in December and Karnataka's reaction that the request was not maintainable, the court said: “We have to consider the needs and requirements of both states. Both states are in distress.
"We have to find some practical solution because north-east monsoon is not normal. For Tamil Nadu, samba crop is major. We have to see what arrangement can be made to save the crop in both states. This is a critical period. The court is held up in interim award (of the tribunal) when the final decision has already been announced.”
Additional Solicitor General H P Raval, representing the Centre, submitted that according to the Law Ministry's opinion, the award may not be notified. Agreeing to seek fresh instructions, he said Tamil Nadu, Karnataka and Kerala had filed a special leave petition against the final award while the Centre sought clarification by filing reference before the tribunal.
