STATE OF KARNATAKA Vs. STATE OF TAMIL NADU
LAWS(SC)-2016-9-100
SUPREME COURT OF INDIA
Decided on September 20,2016

STATE OF KARNATAKA Appellant
VERSUS
STATE OF TAMIL NADU Respondents

JUDGEMENT

- (1.) I.A. No. 10 of 2016 On 5th September, 2016, while dealing with the present interlocutory application, this Court had referred to the submissions of the learned counsel for the parties and paragraph (D) of Clause IX of the final order of the Cauvery Water Disputes Tribunal (for short, 'the Tribunal'), the Notification dated 22nd May, 2013, by which the Supervisory Committee was constituted and the role of the Committee was determined and taking note of the suggestions given by Mr. Fali S. Nariman, learned senior counsel appearing for the State of Karnataka, proceeded to pass the following directions:- "(a) The applicant, the State of Tamil Nadu, shall approach the Supervisory Committee within three days from today. Response, if any, by the State of Karnataka be filed within three days therefrom. (b) The Supervisory Committee shall pass appropriate direction in this regard within four days from the date of filing of the reference keeping in view the language employed in the final order of the Tribunal. Be it clarified, the Supervisory Committee is bound by the language used in the order passed by the Tribunal. (c) Coming to the immediate arrangement, keeping in view the gesture shown by the State of Karnataka and the plight that has been projected with agony by Mr. Naphade, we think it appropriate to direct that 15 cusecs of water per day be released at Biligundulu by the State of Karnataka for ten days. (d) The State of Tamil Nadu is directed to release water proportionately to the Union Territory of Puducherry."
(2.) Be it stated, as it was erroneously mentioned 15 cusecs, the typographical error was rectified on the next day by making it 15000 cusecs. Needless to say, the rectification of the mistake was the agreed position.
(3.) An application for modification of the aforesaid order was filed which was taken up on 12th September, 2016. This Court modified the order by directing as follows:- "......The Supervisory Committee is an expert body and it has been constituted vide Notification dated 22nd May, 2013. It is required to take a decision in conformity with the final order of the Tribunal. Be it noted, though the matter was directed to be listed on 16th September, 2016, but as there is difficulty, the matter has to be listed on 20th September, 2016 at 2.00 p.m. Regard being had to the facts and circumstances in entirety, we are inclined to modify the order dated 5th September, 2016, to the extent that the State of Karnataka shall release 12000 cusecs of water per day and the said direction, shall remain in force till 20th September, 2016." ;


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