Cauvery dispute: Once judgment is delivered, implement it, SC tells

New Delhi: The Supreme Court on Tuesday asked Secretary of Union Water Resources Ministry to personally appear before it on May 14 with a draft of the Cauvery management scheme (CMB) for sharing of river water among the states of Karnataka, Tamil Nadu, Kerala and Puducherry.

A bench headed by Chief Justice Dipak Misra told the Centre that once the judgment has been delivered on the issue, it has to be implemented. "We do not want to come back to square one. Once the judgment has been delivered, it has to be implemented," the bench also comprising Justices AM Khanwilkar and DY Chandrachud said. Attorney General KK Venugopal said the Centre was seeking time in view of the fact that the Union Cabinet has not met due to the ongoing campaigning for the assembly polls in Karnataka. Following this submission, senior advocate Shekhar Naphade, appearing for Tamil Nadu, opposed the plea and said "this is the fit case for contempt. Somebody has to be sent to jail".

The bench then fixed the matter for further hearing on May 14. The Centre on Monday informed the Supreme Court that the ‘scheme’ for sharing of Cauvery water among the states of Karnataka, Tamil Nadu, Kerala and Puducherry has been finalized and would be submitted in 10 days after the Union Cabinet gives its nod for the scheme. It virtually cited Karnataka assembly polls on May 12 to delay the process and reiterated its earlier stand that notifying the constitution of CMB or any other authority during the time of polls would lead to massive public outrage, create serious law and order problem and may vitiate the election process. In its affidavit, Centre said the scheme has been prepared which is being given a finishing touch.

Earlier on Monday, the Tamil Nadu government also moved the apex court over Karnataka’s contention that it cannot release additional 4 tmc of Cauvery water as already more water has already been allotted. The Siddaramaiah government had filed an affidavit in the top court saying that it has already released around 16 tmc excess water to Tamil Nadu and won't be able to share any more as it barely has enough to fulfil its own needs. The submission came in wake of the top court directing Karnataka to release 4 tmc of water to Tamil Nadu. "There is a total of nine tmc water in all the four reservoirs coming under the Cauvery basin. That is not enough for our drinking needs and crops. We have a shortage," Karnataka Water Resources Minister MB Patil had told reporters last week.

The apex court had earlier asked the Centre to formulate a scheme to ensure compliance of its judgement on the decades-old Cauvery dispute. It had modified the Cauvery Water Disputes Tribunal (CWDT) award of 2007 and made it clear that it will not be extending time for this on any ground. The top court had on February 16 raised the 270 tmcft share of Cauvery water for Karnataka by 14.75 tmcft and reduced Tamil Nadu's share, while compensating it by allowing extraction of 10 tmcft groundwater from the river basin, saying the issue of drinking water has to be placed on a "higher pedestal".