Karnataka filed a petition on Saturday seeking a review of the Supreme Court direction issued on Friday to the Centre to set up a Cauvery Management Board (CMB) on or before October 4.
The states of Karnataka, Kerala, Tamil Nadu and the Union Territory of Puducherry were directed to nominate their representatives to the CMB by 4 pm on Saturday. While others have complied with the order and sent names of their representatives to the Union water resources ministry, Karnataka, however, did not nominate its representative, and filed the review petition instead.
In its review petition, Karnataka said the apex court’s orders have resulted in the miscarriage of justice. The court has committed an error in directing the Centre to constitute the CMB without considering that a three-judge Bench was to hear the appeals against the final award of the Cauvery Tribunal, Karnataka said, adding that the setting up of the CMB is one such issue under consideration of this Bench.
The state pointed out that there was no mandate to constitute the CMB as such a direction could not have been issued to the Central government by the Tribunal because the Centre was not a party to the water dispute before the Tribunal. Therefore, the state concluded, the court erred in directing the Central government to constitute a CMB based on the Tribunal’s recommendations, which are the subject matter of appeals pending before the court.
By its orders on September 20 and 30 in relation to the CMB, the apex court has not taken the cognizance of the fact that the constitution of the board, being legislative in character, depends upon the authority exercising the power as well as the nature of the function and obligation arising from the legislation, Karnataka argued. Under these circumstances, the court ought not to have exercised the writ of mandamus to constitute the CMB, it said.
This court has also erred in directing a release of 6,000 cusecs of water to TN on September 27 and 30 when the present live storage of water in the four reservoirs of Karnataka is insufficient even to meet the drinking water requirement of Bangalore City, Towns and Villages etc.
Karnataka said further release of water to Tamil Nadu will affect the state’s requirements.
