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By J. Venkatesan
A Bench comprising Justice R.C. Lahoti and Justice Shivaraj V. Patil has adjourned the case by four weeks to enable Tamil Nadu to file its reply to the affidavits filed by Karnataka and the Centre in response to Tamil Nadu's suit. In its suit, Tamil Nadu had sought a direction to Karnataka to comply fully with the various interim orders of the Cauvery Tribunal and also a direction that Karnataka should release one tmcft of water daily to Tamil Nadu to save the withering crops. The Centre submitted that the Cauvery River Authority (CRA) under the chairmanship of the Prime Minister, Atal Behari Vajpayee, met on October 10, 2001 and took note of the drought conditions in both Karnataka and Tamil Nadu. The Authority decided to work out an acceptable formula for sharing the distress and requested the States to put forward their specific suggestions for consideration. The affidavit further said that as there was no response from Tamil Nadu till December 28, 2001, the Central Water Commission prepared draft guidelines for distress sharing formula and placed it before the Cauvery Monitoring Committee, and Tamil Nadu sent its response on January 11. The Centre sought dismissal of the suit with a direction to Tamil Nadu to cooperate with the CRA in formulating the `distress sharing formula' for adoption by the Monitoring Committee and the CRA in the implementation of the Tribunal's interim and clarificatory orders. In its reply, Karnataka submitted that Tamil Nadu had sufficient storage of water at Mettur to meet its existing commitments, although it had illegally increased Kuruvai rice cultivation from 1.27 lakh acres in 1991 to 3.2 lakh acres during this year. Also, the Mettur reservoir had the benefit of 256 tmcft of water during the current year which was more than what was stipulated by the Tribunal even in a normal year. Contending that it had fully complied with the interim orders of the Tribunal, Karnataka pleaded that no fresh orders were required and sought dismissal of Tamil Nadu's suit.
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