Karnataka questions methodology adopted by Cauvery tribunal

New Delhi/Chennai: Continuing its tirade against the findings of the Cauvery Water Disputes Tribunal, Karnataka on Thursday questioned the methodology adopted by the tribunal in apportioning 192 tmcft of water to Tamil Nadu in the final award of February 2007 to the prejudice of Karnataka's interest.

Senior counsel Fali Nariman, appearing for Karnataka made this submission before a three-judge bench of Justices Dipak Misra, Amitav Roy and A.M. Kanwilkar hearing a batch of appeals filed by Karnataka, Tamil Nadu and Kerala against the final award.

Mr Nariman argued that the entire approach of the tribunal was that the 1892 and 1924 agreements between the princely state of Mysore and Madras Presidency continued to exist, while in reality the agreements did not exist after the new state of Karnataka was formed. But for this assumption, the tribunal would not have proceeded further to hear Tamil Nadu's complaint that the agreements are permanent and for eternity.

He pointed out that in 1974 the then Chief Minister M. Karunanidhi had made a statement in Tamil Nadu Assembly that the 1924 agreement had lapsed. Former Chief Minister Jayalalithaa referred to this in 1994.

Referring to the apportionment of 270 tmcft to Karnataka and 192 tmcft to Tamil Nadu, he said Tamil Nadu did not question on merit the water requirement of 465 tmcft claimed by Karnataka based on the project reports for utilisation under various schemes.

Mr Nariman contended that the burden of Karnataka to supply 192 tmcft to Tamil nadu annually at the inter-State border, Billigundlu, has been fixed without any regard to the water requirements of Tamil Nadu but only on the basis that being a lower riparian State Tamil Nadu was entitled to its share of utilisation.

If the Tribunal had adopted a correct approach and had taken into consideration the water availability in the Cauvery basin within Tamil Nadu, the allocation would have come down to 132 tmcft annually in a normal year at Billigundlu.

Concluding his submissions, Mr Nariman wanted the apex court to exercise its power under Article 142 of the Constitution to modify the award in Karnataka's interest so as to render substantial justice.

Opposition leaders press for Cauvery management board

As the Supreme Court hearing on the Cauvery dispute entered a decisive phase, opposition leaders in Tamil Nadu insisted on exerting political pressure on the centre to form the Cauvery Management Board.

Leader of Opposition M.K. Stalin announced his support for the farmers’ protests demanding the formation of the Cauvery Ma-nagement Board. He assured his support to the representatives of farmers association led by Ramalingam, who met Stalin at DMK headquarters here.

Stalin also gave his suggestions to the protests, besides extending support. PMK leader S. Ramadoss and MDMK general secretary too expressed their views in favour of the CMB.

Announcing a three-day campaign tour of Anbumani Ramadoss to demand the formation of the Cauvery Management Board, party founder S Ramadoss said the Cauvery issue should be made a people’s movement through such campaigns.

There is a possibility of the Supreme Court comes out with its own verdict and the centre could support Karnataka since the Assembly elections in that state would be held in May next year or earlier, Ramadoss said.

He said Anbumani would undertake a three-day campaign tour from Hogenakkal to Poompuhar from July 28 to 30 insisting on the necessity of CMB as the only solution to the dispute. He would begin the campaign from Hogenakkal town and end it in Poompuhar with a public meeting.

MDMK leader Vaiko too echoed similar views and said past experience shows that Karnataka would not accept the Supreme Court verdict and appealed to the centre to form the CMB. Strongly disputing Karnataka’s argument that Tamil Nadu had expanded its irrigation area, Vaiko said the irrigation area in Tamil Nadu was 25.03 lakh acres in 1971 and it had been reduced to 24.71 lakh acres by the tribunal’s final verdict.

But, Karnataka's irrigation area in 1974 was 6.8 lakh acres, but it had been increased to 21 lakh acres. Despite the tribunal allowing only 18.85 lakh acres for Karnataka, it had planned to expand irrigation to 30 lakh acres by building a dam at Mekedatu, he said.