The Supreme Court issued notices to the Centre, Karnataka, Kerala and Puducherry on an application filed by Tamil Nadu, seeking directions to the Union Ministry of Water Resources to set up the Cauvery Management Board (CMB).
Counsel C S Vaidyanarthan, appearing for Tamil Nadu told a Bench, comprising justices R M Lodha and Kurian Joseph, that this has to be done as per the final order passed by the Cauvery Water Disputes Tribunal on February 5, 2007. Senior counsel Anil Divan, appearing for Karnataka, objected on the ground that such a direction could be given as the appeals were still pending in the Apex court. Tamil Nadu averred that the Central government had constituted the tribunal in June 1990, following a mandamus issued by the Apex court to adjudicate the disputes over sharing of Cauvery water.
The tribunal had, in its final order, recommended the constitution of the Cauvery Management Board and the Cauvery Water Regulatory Committee.
Therefore, the Central government was mandated to constitute the board at the earliest, Tamil Nadu contended.
Tamil Nadu further pointed out that after the Centre notified the Cauvery tribunal award, the Chief Minister of Tamil Nadu in a letter to the PM, stated that in the light of the publication of the final order in the official gazette, the decision of the tribunal would have the same effect as that of an order of the Supreme Court.