New Delhi: The Supreme Court on Wednesday asked the States of Tamil Nadu, Karnataka and Kerala bring a technical expert to the court to explain technical issues and data’ relating to the Cauvery water dispute being adjudicated.
A three-judge Bench of Justices Dipak Misra, Amitav Roy and A.M. Kanwilkar made this suggestion even as senior counsel for Tamil Nadu Shekar Naphade and counsel G. Umapathy read out statistics to drive home the point as to how the lower riparian State was deprived of water by the upper riparian State of Karnataka. The Bench said, “we want to understand the technical details and we request the states to bring one technical expert (at the final stage of arguments) each so that the nuances can be explained to us”.
Senior counsel Fali Nariman appearing for Karnataka strongly objected to Tamil Nadu using 2009, 2011 and 2014 statistics in support of its contention and said since the final award of the Cauvery Water Disputes Tribunal was in February 2007, subsequent statistics should not be allowed to be furnished. However, Mr Naphade contended that the present appeals concerning the livelihood and the interest of farmers should not be decided on a technical objection. The Bench said it would decide not only the apportionment of water to the three states but also indicate the regulatory framework for the implementation of the directions.
He said the surface water potential of Tamil Nadu is far less than Karnataka & Kerala. Karnataka is endowed with major rivers, viz., the Godavari, Krishna and west flowing rivers etc. The storing capacity in the Cauvery basin of Karnataka is much higher than 124 TMC. This aspect has to be considered while allocation and regulation of flows to the downstream State of Tamil Nadu.
He argued that if Karnataka is allowed to have more storage structures like Megadatu dam, the lower riparian State viz., Tamil Nadu and Puducherry will not get their due share either as per the Agreements or on the principle of equitable apportionment. It is only the surplus, which Karnataka is not able to store which comes to Tamil Nadu.
Counsel said that because of the soil and climate, with the easy flow of water in the Cauvery Delta in Tamil Nadu the area under cultivation has increased and also stabilised over centuries. On the other hand, the diversification in recent years by Karnataka and increasing the intensity of cropping area is against the natural agroclimatic conditions and will lead to environmental hazards. Arguments will continue on Thursday.
