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Tamil Nadu
Tamil Nadu opposes tribunal reconstitution
By J. Venkatesan
NEW DELHI, SEPT. 8. Karnataka today moved the Supreme Court seeking reconstitution of the Cauvery Water Disputes Tribunal and Tamil Nadu filed a petition strongly opposing the plea.
Earlier in the day, Anil Divan, senior counsel for Karnataka, requested the tribunal (which resumed its hearing) to adjourn the proceedings as the apex court was to hear on Friday a petition challenging the orders passed by its two members that they would undertake a visit to the Cauvery basin to understand ground realities, though the Chairman opposed the trip. Counsel said if the request was not acceded to Karnataka might not take part in the proceedings.
The tribunal comprises the Chairman, Justice N.P. Singh, and the members, N.S. Rao and Sudhir Narain.
C.S. Vaidyanathan, senior counsel for Tamil Nadu, said the hearings before the tribunal had nothing to do with the case coming up on Friday. The tribunal, however, adjourned the proceedings till September 27.
On August 20, the apex court, acting on a special leave petition (SLP) filed by the Gandhi Sahitya Sangh Trust, restrained Mr. Rao and Mr. Narain from undertaking the visit and issued notice to the Centre, Karnataka, Tamil Nadu, Kerala, Pondicherry and the tribunal.
`Disturbing events'
Karnataka, in its affidavit, said the visit by only two members was contrary to the provisions of the Inter-State Water Disputes Act, 1956, as they did not constitute the tribunal; further inspection after closure of evidence and completion of arguments on availability of water would be prejudicial to Karnataka. The disturbing and distressing events, reflecting a lack of collegiality and unity in the tribunal, made the task difficult and embarrassing.
In these circumstances, Karnataka said, it fully supported the petitioner's contention that "the tribunal has almost broken down" and the situation could be remedied only by reconstituting it.
`Consistent defiance'
In its response, Tamil Nadu questioned the petitioner's locus standi to file the SLP as the apex court in April 2003 dismissed a similar petition filed by the same organisation.
It said Karnataka had been defying the tribunal's interim orders and for this year also there was a cumulative deficit of 35 thousand million cubic feet (tmcft). The present petition at the behest of Karnataka was meant to delay and thwart the proceedings of the tribunal, which was to complete its hearing shortly and give its final award. The attempt by Karnataka was to hold control of all waters flowing in its reservoirs until they surplussed.
Tamil Nadu also charged Karnataka with discrediting the tribunal to make a ground for challenging the award that might by passed.
`Baseless averment'
The petitioner's averment that the people of Karnataka would suffer a grave and irreparable hardship was baseless. It was not known how the inspection of the site by the members would cause hardship to any State.
The tribunal had powers to visit the basin States, the affidavit said.
Contending that the State had full confidence in the tribunal, it sought dismissal of the SLP. The case comes up for hearing on Friday.
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