Saturday, November 2, 2002, Chandigarh, India


M A I N   N E W S

SC’s interim formula on Cauvery waters

New Delhi, November 1
Requesting the Cauvery River Authority (CRA) headed by the Prime Minister to resolve the water dispute at the earliest, the Supreme Court today fixed an interim formula, directing Karnataka to release to Tamil Nadu 9,000 cusecs of water daily till November 6 and thereafter around 6,000 cusecs of water everyday till November 15.

Deferring a decision on the action to be taken against Karnataka Chief Minister S.M. Krishna for non-compliance of court orders, a Bench headed by Chief Justice B.N. Kirpal said the CRA could meet in the meantime and the decision taken by the body would override the court’s interim formula on water release.

The three-judge Bench, also comprising Mr Justice Y.K. Sabharwal and Mr Justice Arijit Pasayat, said, “We direct that starting from today till midnight of November 6 the state of Karnataka will release sufficient water from its reservoirs so as to ensure inflow of 9,000 cusecs per day into the Mettur dam as had been decided by the CRA on September 8.

“With effect from November 7, the state of Karnataka will be at liberty to reduce the release to an extent to ensure compliance with the interim order of the Cauvery River Dispute Tribunal dated June 25, 1991, for the month of November,” it said. The interim order envisaged release of around 6,000 cusecs of water daily by Karnataka to Tamil Nadu.

The interim formula would be subject to any order or modification decided by the CRA on the representations filed by Karnataka, seeking to review the decision taken on September 8, the Bench said.

“The CRA is requested to take an early decision. Any decision taken by the CRA will ipso facto override the order of court so far as release of water is concerned,” the Bench said.

It also said that while deciding the quantum of release of water, the CRA would keep in mind the fact that Karnataka did not release sufficient water as directed by the apex court and the CRA for September and October.

“The CRA will take into consideration the deficiency with regard to release of water on account of non-compliance of order passed by the Supreme Court and the CRA,” it said.

When Solicitor-General Harish Salve stated that the Congress government in Pondicherry had submitted a memorandum to the Prime Minister stating that Tamil Nadu had not released sufficient water to the union territory, counsel for Tamil Nadu K.K. Venugopal assured that the state would release water downstream on pro-rata basis as per the CRA order. PTI


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