Millennium Post

Release 12,000 cusecs, SC orders Karnataka

The Supreme court on Monday modified its September 5 order, asking Karnataka to release a reduced amount of 12,000 cusecs of Cauvery River water per day to Tamil Nadu until September 20 from the earlier 15,000 cusecs a day to ameliorate the plight of farmers of the neighbouring state.

A bench of Justices Dipak Misra and U U Lalit, which sat on a holiday to consider the urgent plea of Karnataka, however, expressed deep anguish over the “tone and tenor” of the fresh plea and said the law and order situation cannot be taken as a ground for non-compliance of the order of the court.

It rejected one of the prayers of Karnataka that the apex court direction asking it to release 15,000 cusecs water per day to Tamil Nadu be kept in abeyance till next date of hearing on the ground that there has been a fault in the Cauvery Water Tribunal award, which does not deal with the issue of deficient water in the reservoir in a particular month.

Referring to the content of Karnataka’s fresh plea, the bench said, “If we are allowed to say then we must say that the tone and tenor of the application are absolutely disturbing and to say the least, totally despicable...that apart the application for modification contain certain averment which follow the tenor or similar language which cannot be conceived of in a court of law seeking modification 
of an order.” 

 “Agitation, spontaneity or galvanised riot or any kind of catalystic component can never form the foundation for seeking modification of an order. “An order of this court has to be complied  with by all  concerned and it is the obligation of the executive to ensure that the orders are complied in letter and spirit. Protests by farmers have been reported from several parts of Karnataka over the Supreme Court order asking it to release water to Tamil Nadu. During the hearing, the bench noted the stiff claim and counter-claims of Karnataka and Tamil Nadu and said that it would apply the concept of fair compensation in the matter and fixed it for further hearing on September 20.

The apex court was hearing the application filed by Karnataka seeking a direction to reduce the quantum of water to be released from Cauvery River to Tamil Nadu from 15,000 cusecs to 1,000 cusecs. The apex court’s decision to hear the plea, filed late Saturday evening, came after it was mentioned before the court’s registry, which consulted Chief Justice T S Thakur.

In its plea, Karnataka has sought modification of the apex court’s September 5 order for the release of 15,000 cusecs of water for 10 days as immediate relief to Tamil Nadu farmers. 
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