The Supreme Court on Wednesday framed eight issues relating to the suit filed by Karnataka state against the state of Tamil Nadu, Kerala, and Pondicherry over the bifurcation of the Cauvery River water and directed parties to file documents within six weeks.
The issues framed by a bench of Justice Abhay S. Oka and Justice Ujjal Bhuyan are: “1. Whether the suit is barred by Section 11 of the Inter-State River Water Disputes Act, 1956, read with Article 262(2) of the Constitution of India?
2. Whether the suit is barred by the principles of Res Judicata?
3. Whether the plaintiff is entitled to commit, enjoy, or utilize “Karnataka Cauvery Water” as defined in paragraph 6(a) of the plaint?
4. Whether defendant Nos. 1 and 3 are not entitled to commit, enjoy, or utilize any water in the Cauvery basin in addition to “Tamil Nadu Cauvery Water” as defined in paragraph 6(b) of the Plaint?
5. Whether the suit premised on the bifurcation of waters of the River Cauvery as “Karnataka Cauvery Water” and Tamil Nadu Cauvery Water” is at all maintainable?
6. Whether the projects sought to be undertaken by the first defendant prejudicially affect the rights and interests of the plaintiff-state?
7. Is the suit at all maintainable in the absence of any cause of action? 8. What relief, if any? ” While four issues were taken by the Court from the issues filed by the plaintiff-state of Karnataka, three were suggested by the defendant-state of Tamil Nadu.
The 8th issue pertained to relief.
Justice Oka said, “After documents are filed, we will refer them for admission and denial of documents.” And posted the matter to May 7, 2024.
Oka J. The matter is next listed for directions (on top of the board) on May 7, 2024.
The Cauvery water dispute is a long-standing dispute between Karnataka and Tamil Nadu. It began in 1974 when Karnataka (the upper riparian state) started diverting water without Tamil Nadu’s consent. The tussle reached the Supreme Court after the Cauvery Water Disputes Tribunal finalized the water-sharing formula in 2007.
The award, which came on February 5, 2007, was gazetted by the Central Government on February 19, 2013.
Besides deciding on the sharing of water, the Tribunal had recommended setting up a Cauvery Water Management Board and the Cauvery Water Regulation Committee. In 2018,
A three-judge bench of then Chief Justice Dipak Misra, Justices Amitava Roy and AM Khanwilkar, directed the State of Karnataka to release 177.25 TMC of water, instead of 192 TMC, to the State of Tamil Nadu.
Five years later, in 2023, Tamil Nadu moved the Supreme Court, seeking its intervention in compelling Karnataka to promptly release 24,000 cubic feet per second (cusecs) of water from its reservoirs.
This plea was opposed by Karnataka, citing low rainfall. Opining that it did not have expertise in the matter,
The top court called for a report from the Cauvery Water Management Authority (CWMA).
Subsequently, the court refused to interfere with CWMA’s order that directed Karnataka to release 5000.