A.M. Khanwilkar, J. - (1.) This Court on 16th February, 2018 pronounced its judgment and final order in Civil Appeal Nos.2453/2007, 2454/2007 and 2456/2007 and directed the Central Government to frame a scheme under Section 6A of the InterState River Water Disputes Act, 1956 (for short, "1956 Act"), for smooth implementation of the Award passed by the Tribunal and as modified by this Court for carrying out the rights of the States with regard to allocation or sharing of water. The Central Government with a view to arrive at a consensus for framing of the proposed scheme, initiated consultations with party States/Union Territory. The first meeting for that purpose was convened on 9th March, 2018 in which the modalities of the scheme including the composition of the Authority were discussed. The party States then submitted responses and in view of the divergent views expressed by the party States/U.T., it was felt that if the Scheme was to be framed by the Central Government itself, States may again approach this Court. To avoid further litigations by the States in respect of constitution and functions of the proposed Board, the Central Government felt it necessary to seek clarification of this Court for which I.A. No.47065/2018 was filed on 31st March, 2018 for the following reliefs: "(a) Clarify whether it is open to the Central Government to frame the Scheme under 6"A" at variance with the recommendations contained in the report of CWDT regarding Cauvery Management Board. (b) Clarify that in case the Cauvery Management Board as recommended in the report of CWDT is to be constituted, does the Central Government have the following flexibility: (i) To modify the composition of the Board to a mixture of administrative & technical body, and not purely a technical body as recommended by CWDT in its report, for effective conduct of the business of the Board and considering overall sensitivity of the issues involved. (ii) Clarify whether the Board framed by the Central Government under 6A of ISWRD Act, 1956 can have functions different from the ones recommended for Cauvery Management Board by CWDT in its report. (c) Any other guidance or directions that Hon'ble Supreme Court may like to give in the light of divergent views expressed by party States/UT with regard to framing of the Schemes under Section 6A of the ISRWD Act, 1956. (d) Allow application for extension of time of Three months for implementation of Order dated 16.02.2018 in this instant Civil Appeal. (e) Pass such other order/orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the present case."
(2.) On the same day i.e. 31st March, 2018, the State of Tamil Nadu filed a contempt petition being Contempt Petition (Civil) No.898 of 2018, complaining about the non-framing of the scheme by the Central Government within a period of six weeks as granted by this Court. The State of Tamil Nadu also prayed for a direction to the respondents named in the said contempt petition to forthwith frame a scheme in accordance with the judgment of this Court dated 16th February, 2018 by providing for Cauvery Management Board and Cauvery Water Regulation Committee with all powers to give effect to the decision of the Tribunal as well as the judgment of this Court. Besides the contempt petition filed by the State of Tamil Nadu, another contempt petition came to be filed by a private party, namely, Mr. R.K.R. Anantaraman, Member of Legislative Assembly on 3rd April, 2018. On the same date, the matter was mentioned by the counsel for the Union of India for taking up the application filed by Union of India, for hearing. This Court directed the said application to be listed on 9th April, 2018. In the meantime, I.A. No.50562 of 2018 came to be filed on behalf of the Union Territory of Puducherry on 5th April, 2018 for the following reliefs: "(i) direct the Respondent/Government of India to take effective steps to implement the judgment dated 16.02.2018 passed by this Hon'ble Court in C.A. No.2453 of 2007 and other connected appeals without further delay; (ii) direct the Respondent/Government of India to frame a scheme under Section 6-A of the Inter State Water Disputes Act constituting Cauvery Management Board (CMB) and Cauvery Water Regulation Committee (CWRC) for effective implementation of the directions of this Hon'ble Court without further delay; and (iii) to pass such other order or orders as may be deemed fit and proper in the interests of justice."
(3.) The aforementioned applications/contempt petition were listed on 9th April, 2018 when this Court passed the following order: "We have heard Mr. K.K. Venugopal, learned Attorney General for the Union of India appearing in M.A. No. 934/2018, Mr. Shekhar Naphade and Mr. Rakesh Dwivedi, learned senior counsel alongwith Mr. G. Umapathy, learned counsel appearing for the State of Tamil Nadu, Mr. Shyam Divan, learned senior counsel alongwith Mr. Mohan V. Katarki, learned counsel for the State of Karnataka, Mr. Jaideep Gupta, learned senior counsel for the State of Kerala and Mr. A.S. Nambiar, learned senior counsel for the Union Territory of Puducherry. Regard being had to our judgment, we direct the Union of India to file a Draft Scheme before this Court CONMT.PET.(C) 898/2018 etc. 3 on or before 3.5.2018. We have so directed as we do not want the controversy to continue before this Court. We request learned senior counsel for the parties to convey to the competent authorities of the respective States to maintain peace at this juncture, so that this Court can put the final stamp on the Scheme after due deliberation. Let the matter be listed on 3.5.2018.";