Decided on September 02,2016

State Of T.Nadu Appellant


- (1.) HEARD Mr. shekhar Naphade, Mr. Rakesh Dwivedi and Mr. Subramonium Prasad, learned senior counsel for the State of Tamil Nadu, Mr. Naimbar, learned senior counsel for the Union Territory of Puduchery and Mr. F.S. Nariman, Mr. Anil B. Divan and Mr. S.S. Javali, learned senior counsel for the State of Karnataka.
(2.) MR . Naphade, learned senior counsel, has filed a chart indicating the flow released at Billigundulu during 2016-2017. The said chart reads as under : JUDGEMENT_68_LAWS(SC)9_2016.jpg
(3.) HE has drawn our attention to clauses VII and IX of the award. They read as under : "Clause VII In case the yield of Cauvery basin is less in a distress year, the allocated shares shall be proportionately reduced among the States of Kerala, Karnataka, Tamil Nadu and Union Territory of Pondicherry. xxx xxx xxx Clause IX A. since the major shareholders in the Cauvery waters are the States of Karnataka and Tamil Nadu, we order the tentative monthly deliveries during a normal year to be made available by the State of Karnataka at the Inter-State contact point presently identified as billigundulu gauge and discharge station located on the common border as under: JUDGEMENT_68_LAWS(SC)9_20161.jpg B. The above quantum of 192TMC of water comprises of 18.2 TMC from the allocated share of Tamil Nadu and 10 TMC of water allocated for environmental purposes. C. The above monthly releases shall be broken in 10 daily intervals by the Regulatory Authority. D. The Authority shall properly monitor the working of monthly schedule wit the help of the concerned States and Central Water Commission for a period of five years and if any modification/adjustment is needed in the schedule threreafter, it may be worked out in consultation with the party States and help of Central Water Commission for future adoption without changing the annual allocation amongst the parties." Mr. F.S. Nariman, learned senior counsel for the State of Karnataka, has drawn our attention to the chart at page nos. 214-215 of the counter affidavit to the IA. The said counter affidavit is taken on record.;

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