- (1.) When these interlocutory applications were taken up on 27th September, 2016, the Court sought assistance of Mr. Mukul Rohatgi, learned Attorney General for India to facilitate so that the impasse between the two States can appositely melt and a solution can be arrived at. It was agreed by the State of Karnataka as well as by the State of Tamil Nadu that their competent authorities from the Executive would be available for discussion with the authority to be nominated by the Union of India. Mr. Rohatgi had asked for some time to have the discussion and facilitation of the process and, accordingly, the matter was adjourned to today.
(2.) On the previous occasion, a direction was issued to the State of Karnataka to release 6000 cusecs of water commencing 28th September, 2016. At that juncture, this Court had stated "we are sure that the State of Karnataka shall obey the order without any kind of impediment, obstruction or any other attitude till we take up the matter on 30th September, 2016".
(3.) When the matter was taken up today, Mr. Rohatgi, learned Attorney General for India filed the Minutes of the Meeting of Chief Ministers of Karnataka and Tamil Nadu on Cauvery Water Disputes held under the Chairmanship of Union Minister of Water Resources, River Development and Ganga Rejuvenation, on 29th September, 2016 in New Delhi. We think it appropriate to reproduce the said Minutes:- "The Hon'ble Supreme Court Order dated 27th September, 2016, interalia mentions "the learned Attorney General of India has submitted that the Union of India is prepared to facilitate so that the impasses between the two States can appositely melt. The learned Senior Counsel appearing for the State of Karnataka, has submitted that the Executive head of the State of Karnataka, as suggested by the Attorney General of India, shall be available for discussion with the competent authority of Union of India to be suggested by the Attorney General for India. The learned Senior Counsel for the State of Tamil Nadu also expressed his consent." The Attorney General of India has stated vide letter dated 27.09.2016: "it would be appropriate that the Union Minister for Water Resources call for a meeting of both the States. The States could be represented by their Chief Ministers, Minister for Water Resources, State Principal Secretary for Water Resources and others". Accordingly, a Meeting was convened by Hon'ble Union Minister of Water Resources, River Development and Ganga Rejuvenation on 29th September, 2016 in New Delhi. The meeting was attended by Hon'ble Chief Minister of Karnataka and Hon'ble PWD Minister of Tamil Nadu (representative of Hon'ble Chief Minister of Tamil Nadu) and other Ministers and officers of both the States and Union Government. Hon'ble Minister (WR,RD&GR) while welcoming the Hon'ble Chief Minister of Karnataka, Hon'ble PWD Minister of Tamil Nadu and Ministers, Officials from both the States and Officers of MoWR, RD&GR for this meeting, stated that the Hon'ble Supreme Court had given an opportunity to the Union Government and both the States to discuss, facilitate and resolve the current Cauvery water impasse in a cordial atmosphere. On that premise, she hoped that both the States would show empathy to each others' need for arriving at a mutually acceptable solution. Thereafter, the Minister (WR,RD&GR) requested both the States to present their views in the matter. The Chief Minister of Karnataka read out his speech, which is attached as Annex-I. He concluded his speech by stating that the ground reality at present stare at the face that no further release from Karnataka can be possible without destroying the standing crops of farmers and causing shortages in the drinking water supplies in Karnataka. He also requested the Union Government to depute a team of expert to the Cauvery basin in Karnataka and Tamil Nadu to verify the ground realities, storage positions, inflows and outflows for taking informed decision. In absence of Chief Minister of Tamil Nadu, her speech was read out by Shri P. Ram Mohan Rao, the Chief Secretary of Tamil Nadu. A copy of the speech is attached as Annex-II. He stated that Tamil Nadu is in dire need of water. In the spirit of Orders of the Hon'ble Supreme Court, the Government of India was urged to ensure that Karnataka complies with the Hon'ble Supreme Court Orders dated ?th, 12th, 20th and 27th September 2016 and releases water to Tamil Nadu. Further, Karnataka should release the stipulated quantity of water as per the Final Order of the Cauvery Water Disputes Tribunal including the backlog of 76.042 TMC ft. as on 26.9.2016, which is absolutely vital for the survival of at least a single Samba crop in the Cauvery Delta. The representative of Tamil Nadu did not agree to the suggestions of deputing a team of experts to Cauvery basin on the ground that it was outside purview of this meeting. Hon'ble Union Minister (WR,RD&GR) while making best efforts to make both the States converge to a consensus on release of Cauvery water, finally concluded the meeting by stating that the views of both the States on the current impasse on release of Cauvery water would be communicated to Hon'ble Supreme Court of India, through learned Attorney General of India, in its sitting scheduled for 30th September, 2016. ;