New Delhi: Observing that Karnataka should ‘live and let live’, the Supreme Court on Friday asked it to inform on Monday the quantum of water it will be able to release to Tamil Nadu as per the distress formula of the Cauvery water disputes Tribunal.
A bench of Justices Dipak Msira and Uday Lalit hearing TN's plea for release of 50.52 tmcft of water, asked senior counsel Fali Nariman appearing for Karnataka to impress upon the Karnataka Chief Minister to release water to Tamil Nadu to help the State continue to “exist as an entity” and said “both States should live in harmony.”
Justice Misra observed “Tamil Nadu's situation is 'water, water everywhere, but not a drop to drink'. Some steps have to be taken by Karnataka so that the other State [Tamil Nadu] can exist as an entity. The principle of live and let live has to be applied to this dispute.”
Accepting the submissions of senior counsel Shekar Naphade for Tamil Nadu that there is deficit in the release of water by Karnataka, the Bench said Tamil Nadu had suffered deficit for three straight months of June, July and August this year. “At least live up to the distress formula of the Cauvery Tribunal Award of 2007,” Justice Misra told Karnataka.
Mr Nariman submitted that for the past few months there has been deficient rainfall and there is a deficit of 80 tmcft of water in the reservoirs. He said unfortunately the Tribunal had not considered the deficit formula and it is left to the Supervisory committee to decide.
Justice Msira told Mr. Nariman “Two States have to live in harmony. Water disputes leave inhabitants of two States, its agriculture, their lives in dire straits.” When Mr. Naphade said “leave alone two States, two districts in a State end up fighting nowadays.” He said the Karnataka Chief Minister had gone on record saying he will not release water to TN and this is political reality.
Justice Msira said “I am talking the constitutional language. We cannot assume what will be the rainfall, etc but if there is a formula in the Tribunal award, Karnataka is bound by it. You {Karnataka} cannot say we are not bothered. If the Tribunal has devised a formula how can you get away from that formula? You {Nariman} impress upon the State that it should live up to the directions of the Tribunal”. The bench posted the matter for further hearing on September 5 to enable Karnataka to respond.
