New Delhi: Observing that the issue of drinking water has to be placed on a “higher pedestal” and recognising the needs of “global city” Bengaluru, the Supreme Court on Friday increased the share of Cauvery water for Karnataka by 14.75 thousand million cubic feet (TMC) and reduced Tamil Nadu’s share, setting off jubilations and strong protests in the two states, respectively.
“Drinking water requirement of the overall population of all the states has to be placed on a higher pedestal as we treat it as a hierarchically fundamental principle of equitable distribution,” said a bench headed by Chief Justice Dipak Misra, increasing Karnataka’s allocation by 4.75 TMC for drinking water and 10 TMC towards industrial and other uses.
The verdict comes just months before the Karnataka Assembly elections, boosting the ruling Congress. While the verdict sparked celebrations in Karnataka, in Tamil Nadu there was criticism of the verdict across the political spectrum.
Aspiring politician-cum-superstar Rajinikanth described the court decision as “very disappointing” as it will affect the livelihood of farmers. He also asked the Tamil Nadu government to file a review petition against the decision. Actor Kamal Haasan also sought a review of the apex court decision and called for calm in the state and advised judicious use of water.
The original water-sharing agreement between the states was signed between the Madras Presidency and the princely State of Mysore in 1924 and it lapsed in 1974, giving rise to a dispute.
Rejecting Karnataka’s contention that since the Cauvery originates in the state, it can utilise its water in its own way, the bench, which also included Justices Amitava Roy and A.M. Kanwilkar, said that the waters of an inter-state river passing through the corridors of the riparian states are a national asset and cannot be said to be located in any one state.
“Being in a state of flow, no state can claim exclusive ownership of such waters or assert a prescriptive right so as to deprive the other states of their equitable share,” the bench added.
While distributing the 740 TMC water available in the Cauvery basin among states, the court said that Karnataka will get 270 TMC + 14.75 TMC, Tamil Nadu 404.25 TMC (419-14.75), Kerala 30 TMC and Puducherry 7 TMC. The remaining 14 TMC has been reserved for environment protection and meeting emergencies.
The court made it clear that the monthly release of water would remain in force for another 15 years. It also directed the Centre to set up Cauvery Management Board, as suggested by the Cauvery Water Disputes Tribunal, within six weeks to implement the court’s decision.
CJI Misra, who wrote the 465-page judgment, accepted the findings of the Tribunal in its final award on February 5, 2007 in toto, except a slight modification made in the water release by Karnataka to Tamil Nadu.
The court disagreed with the tribunal’s decision not to take into account data which suggests that around 20 TMC of groundwater is available beneath the ground surface in Tamil Nadu.
“We, while keeping in mind the risks associated with over extraction of underground water, deem it fit that 10 TMC of the said available groundwater in Tamil Nadu can, in the facts and circumstances of the present case, be accounted for in the final determination of its share,” said the bench.
