Bifurcation Of River Cauvery Water: Supreme Court Frames Issues In Karnataka's Suit Against Tamil Nadu

In an original suit filed by the State of Karnataka against States/UT of Tamil Nadu, Kerala and Pondicherry over use of Cauvery river water, the Supreme Court on Tuesday (March 19) framed issues (8 in number) and directed parties to file documents within 6 weeks.

The order of Justices Abhay S Oka and Ujjal Bhuyan records the issues thus:

"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 principles of Res Judicata?

3. Whether the plaintiff is entitled to commit, enjoy or utilise “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 utilise 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 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. Whether the Suit is at all maintainable in the absence of existence of any cause of action?

8. What relief, if any?"

While four issues were taken by the Court from the issues filed by plaintiff-State of Karnataka, three were suggested by defendant-State of Tamil Nadu. The 8th issue pertained to relief.

After dictation of the order, Justice Oka could be heard saying, "after documents are filed, we will refer it for admission and denial of documents".

At this point, Sr Adv Shyam Divan (appearing for plaintiff) mentioned, "I will be also requesting for an interlocutory order...that's my IA which I mentioned...on next occasion, your Lordship may grant a date for that".

"Alright, we will see that", replied Oka J.

The matter is next listed for directions (on top of the Board) on May 7, 2024.

Background

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 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 State of Karnataka to release 177.25 TMC of water, instead of 192 TMC, to State of Tamil Nadu.

Fiver 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 cusecs of water at Biligundlu for 15 days.

Case Title: The State of Karnataka v. The State of Tamil Nadu and Ors., ORGNL.SUIT No. 3/2021

Click here to read the order