The Supreme Court in the case observed and has refused to interfere with the order of the Cauvery Water Management Authority, CWMA, wherein the court directed the State of Karnataka to release 5000 cusecs of water at Biligundlu for 15 days.
The order passed by the Cauvery Water Regulatory Committee, CWRC was affirmed by the CWMA. Thus, the said order pertains to the period of September 13 to September 27, 2023.
The bench comprising of Justice BR Gavai, Justice PS Narasimha and Justice Prashant Kumar Mishra in the case observed that the CWMA and CMRC consists of various experts in the field of water resource management and agriculture. Thus, the CMRC has taken into consideration the shortfall of water this year and various other factors, which includes the increasing distress condition in the Cauvery basin in the last 15 days.
The court in the case observed that the situation is being monitored by the appropriate authorities every 15 days.
The counsel, Senior Advocate Mukul Rohatgi appearing for state of Tamil Nadu argued before the court that though the CWMA and CWRC have acknowledged that the state is eligible for release of 7200 cusecs, the same has been reduced to 5000 cusecs.
On the other hand, the counsel, Senior Advocate Shyam Divan submitted before the court that on behalf of state of Karnataka that the order of the CWMA is against the interest of Karnataka, but it is still being complied with. Therefore, he informed the court that the separate application has been filed by Karnataka challenging the order. Thus, Karnataka does not even get the benefit of the North East Monsoons.
The bench headed by Justice Gavai during the hearing stated that there are rival claims, Tamil Nadu is saying they need 7200 cusecs, Karnataka is saying they can only give 2000 cusecs. This court is not inclined to interfere and every 15 days they [CWMA and CMRA] are monitoring and reviewing it.
Therefore, the court stated that it is the body consisting of various experts and they have given their reasons.
