The Supreme Court on Tuesday directed Karnataka to supply 6,000 cusecs of water for the next three days to Tamil Nadu and brushed aside the resolution passed by the Karnataka Assembly to block water to Tamil Nadu. The court directed the Centre to facilitate the meeting between the Chief Ministers of Tamil Nadu and Karnataka on the matter.
Both States have adopted a confrontationist approach offering no scope for the court to mediate a compromise. Citing the Assembly resolution, Karnataka raised its hands in desperation seeking exemption from supplying Cauvery water till November 2016. The State said by then the
arrival of the north-east monsoon could meet the city’s drinking water shortfall.
Karnataka also filed an application refusing to part with even the 6,000 cusecs of water ordered by the court on September 20.
On the other hand, Tamil Nadu told the court that it was “fed up” with Karnataka’s “obstructionist” attitude towards implementing the orders passed by the highest court of the land.
Running out of options, the Bench of Justices Dipak Misra and UU lalit turned to the Attorney-General to end the impasse and propose a solution. Appearing for the Centre, A-G Mukul Rohatgi submitted that at best the Centre can facilitate talks between the executive heads of both States, provided they are willing to meet.
He also urged the court to get Karnataka to “tighten” its proposal a bit to ensure the court’s orders are complied with since it involves upholding the dignity of the court.
The court also asked the executive heads of both States to act in the spirit of “cooperative federalism” and devise a solution to end the impasse by Friday, when the matter will be heard next.
As the court directed Karnataka to provide 6,000 cusecs to Tamil Nadu from Wednesday to Friday, senior advocate Fali Nariman who represented Karnataka, cited the Resolution of the Assembly and said the State faces severe scarcity of drinking water due to deficit rains.
When the Bench asked how Karnataka intended to supply water in November, Nariman remarked, “Only if God wills, as the north-east monsoons will come by then.”
Tamil Nadu was furious with Karnataka’s stand. “We (TN) are tired and fed up with this litigation,” said senior advocate Shekhar Naphade appearing for Tamil Nadu. He said, Karnataka was already in default of 42,000 cusecs. “There is a limit to our patience. Every time we have to face with an obstructionist and obstinate State not willing to comply with the terms of the Award (by Cauvery Water Dispute Tribunal) and the orders of this court,” he added.
The Bench felt that a spirit of cooperation was lacking among the States. “We are in a federal structure and every State must understand its role in a conceptual federalism prevalent in a democratic polity.”
The Bench told Karnataka to obey its order “without any kind of impediment, obstruction or any other attitude” for the next three days.