The Supreme Court on Friday agreed to hear on Monday Karnataka’s application seeking either a stay or modification of its September 28 order.
The SC had directed Karnataka to release 9,000 cusecs of water to Tamil Nadu from the Cauvery river basin.
After hearing the submissions of senior counsel Sharat Jhavali, who is appearing for the State of Karnataka, a Bench comprising Justice D K Jain and Justice Madan B Lokur directed listing of Karnataka’s application in the mentioning list of Monday.
Javali informed the Bench that Karnataka has complied with the orders of the apex court.
“We’ve supplied (water) for one week,” he stated.
At this, Justice Jain asked Javali to file an application.
“We’ve done it,” Javali said.
To this, Justice Jain said, “Let it come on the mentioning board on Monday.
” On Thursday Karnataka filed an application averring that it would not be able to continue to comply with SC orders as the water-level in the river has declined.
Continuing to supply water to Tamil Nadu would adversely affect its irrigation and drinking water needs, it added.
Karnataka averred that the Cauvery Water Disputes Tribunal had in its final order dated February 5, 2007, had directed Karnataka to ensure 192 tmc ft annually at the inter-state border Biligundlu - in a normal year.
However, in a situation of distress caused by shortfall in the inflows, the Tribunal has observed as below: “
However, if there are two consecutive bad years, it would cause distress which shall have to be appropriately tackled by the Cauvery Management Board/Regulatory Authority by relaxing the schedule of deliveries and getting the reservoirs operated in an integrated manner through the states concerned to minimise any harsh affect of a bad monsoon year.
In view of such practical difficulties, the Cauvery Management Board/Regulatory Authority shall have the liberty to alter monthly and/or 10-daily schedule of releases while making effort to meet the seasonal allocations for the crop as far as possible, in consultation with the party states.” Karnataka further stated that in reply to Tamil Nadu’s application filed on July 20 this year it filed its reply on August 24 pointing out that the current year being the distress year, the water has to be shared on practical difficulties.