CAUVERY ISSUE - SUPREME COURT JURISDICTION 16-Feb-2018

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144 State of Mysore allowed the said agreement to continue and further, the agreement was not denounced as required under the proviso to Section 7(1)(c) of the 1947 Act. Though we have referred to the ―Standstill Agreement‖ and quoted a portion of it, yet at this juncture, it is pertinent to reproduce the said agreement along with the Schedule in entirety:- ―Agreement between the State of Mysore and the Dominion of India. WHEREAS it is to the benefit and advantage of the dominion of India as well as of the Indian States that existing agreements and administrative arrangements in the matters of common concern, should continue for the time being, between the Dominion of India or any part thereof and the India States:- Now, therefore, it is agreed between the Mysore State and the Dominion of India that:- 1. (1) Until new agreements in this behalf are made, all agreements and administrative arrangements as to matters of common concern now existing between the Crown and any Indian State shall, in so far as may be appropriate, continue as between the Dominion of India or, as the case may be, the part thereof, and the State. (2) In particular, and without derogation from the generality of sub-clause (1) of this clause the matters referred to above shall include the matters specified in the Schedule to this Agreement.
145 2. Any dispute arising out of this Agreement, or out of the agreements or arrangements hereby continued, shall unless any provision is made therein for arbitration by an authority other than the Governor General or Governor, be settled by arbitration according, as far as may be, to the procedure of the Indian Arbitration Act, 1899. 3. Nothing in this agreement includes the exercise of any paramountcy functions. SCHEDULE 1. Air Communications 2. Arms and equipment 3. Control of commodities 4. Currency and coinage 5. Customs 6. Indian States Forces 7. External Affairs. 8. Extradition 9. Import and Export Control. 10. Irrigation and Electric Power 11. Motor Vehicles 12. National Highways 13. Opium 14. Posts, Telegraphs and Telephones 15. Railways <strong>16</strong>. Salt 17. Central Excises, relief from double income-tax and other arrangements relating to taxation. 18. Wireless.‖ [Underlining is by us] 118. At this stage, we may also reproduce the proviso to Section 7(1)(c) of the 1947 Act. It is as follows:-
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REPORTABLE IN THE SUPREME COURT OF
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3 L. Issue relating to expiry of th
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5 X. Our findings on issues of allo
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7 The said submissions shall be not
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9 6. Per contra, Mr. Fali S. Narima
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11 During the course of proceedings
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13 The deponent had further submitt
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15 situation of shortage of water a
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17 suggested anything with regard t
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19 Founding Fathers had not conferr
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21 C. Stand of all parties pertaini
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23 justice, took the same on record
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25 of the 1956 Act. In the said com
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27 referring the dispute to the Tri
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29 ―No. 21/1/90-WD Government of
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31 maintainable in law and, accordi
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33 objections were again raised on
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35 sought to negate the effect of t
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37 Government may, by order, as occ
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39 action taken thereunder, being c
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41 arguments and we shall be dealin
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43 (7) Is the State of Karnataka en
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45 (20) What is the extent of addit
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47 as per averments in paragraphs 3
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49 (49) What directions, if any, sh
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51 Having narrated the facts to thi
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53 Resident could not accept the De
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55 constructed within the Mysore St
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57 final and should such compensati
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59 to the maximum height of 124 fee
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61 the impounding therein, shall be
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63 interpretation or operation or c
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65 WHEREAS on the 18th February 192
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67 storage from Krishnarajasagar to
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69 discussed with the Union Ministe
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71 "(i) To collect all the connecte
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73 (ii) To assess the availability
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75 under an award given, or purport
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77 terms. It was because of the uni
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79 could not be maintained at the s
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81 under Section 87(1) of the Reorg
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83 aforesaid expressed by Hon‘ble
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85 such agreement as is therein ref
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87 into by the Government of India
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89 And again:- ―Such cases can on
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91 transferred to the new Governmen
Page 93 and 94: 93 agreements since they are relata
Page 95 and 96: 95 Meanwhile the Secretary of State
Page 97 and 98: 97 suggested to strengthen the Dam.
Page 99 and 100: 99 78. Be it noted, initially, the
Page 101 and 102: 101 by the Ruler of the Indian Stat
Page 103 and 104: 103 denouncement of the 1886 Lease
Page 105 and 106: 105 jurisdiction of this Court is b
Page 107 and 108: 107 is appositely read and understo
Page 109 and 110: 109 Majesty or the Government of th
Page 111 and 112: 111 agreements, treaties, covenants
Page 113 and 114: 113 General under Section 6 of the
Page 115 and 116: 115 subject only to the provisions
Page 117 and 118: 117 of Accession, and are wrongfull
Page 119 and 120: 119 Article 363 of the Constitution
Page 121 and 122: 121 concerned having arisen before
Page 123 and 124: 123 apply to it is incorrect. Accor
Page 125 and 126: 125 historical events as background
Page 127 and 128: 127 therefore within the province o
Page 129 and 130: 129 this Court under Article 32 to
Page 131 and 132: 131 102. Be it noted, the larger Be
Page 133 and 134: 133 without fear of any contradicti
Page 135 and 136: 135 the section now before us is ap
Page 137 and 138: 137 The dispute was not settled by
Page 139 and 140: 139 Where freedom of contract is ab
Page 141 and 142: 141 bargaining power between the pa
Page 143: 143 116. In Delhi Transport Corpora
Page 147 and 148: 147 existed in 1892 or 1924 but def
Page 149 and 150: 149 (b) Belgaum district except Cha
Page 151 and 152: 151 Singh & Ors. 21 , Ranjan Sinha
Page 153 and 154: 153 administration of the new State
Page 155 and 156: 155 enacted in that behalf. Therefo
Page 157 and 158: 157 inasmuch as the newly created S
Page 159 and 160: 159 the terms and conditions of the
Page 161 and 162: 161 distribution of benefits to be
Page 163 and 164: 163 (2) Subject as aforesaid, the G
Page 165 and 166: 165 twice stated that both the agre
Page 167 and 168: 167 with the Rules of Regulation se
Page 169 and 170: 169 arrangement as set out in claus
Page 171 and 172: 171 Agreement after the expiry of 5
Page 173 and 174: 173 height of water level ranging b
Page 175 and 176: 175 the basis of the Agreement of 1
Page 177 and 178: 177 experience gained and upon exam
Page 179 and 180: 179 continued solely because of the
Page 181 and 182: 181 149. Relying on the said provis
Page 183 and 184: 183 Tribunal) (supra). In the backd
Page 185 and 186: 185 for irrigation are required to
Page 187 and 188: 187 made than a just and reasonable
Page 189 and 190: 189 (ii) The second view is based o
Page 191 and 192: 191 and apply the water so as to ca
Page 193 and 194: 193 (e) the economic and social nee
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195 relevant factors are to be cons
Page 197 and 198:
197 165. The definition of ‗water
Page 199 and 200:
199 covering the areas of the new S
Page 201 and 202:
201 Nadu reiterated its demurral th
Page 203 and 204:
203 State has to be preserved more
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205 food of the people. It asserted
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207 Basin to which it was entitled.
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209 Mysore State without previous r
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211 of consent. In its turn, the Ma
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213 any impounding was made in the
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215 developments made in the differ
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217 P.2 Breach of agreements of 189
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219 adjudication. The Tribunal, on
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221 water in the Kabini, Bhawani an
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223 noted. It recorded that due to
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225 Committee also reflected over t
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227 190. The Tribunal, however, at
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229 that the utilizable quantities
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231 concluded that in view of the f
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233 Water Resources, Government of
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235 The Tribunal, adverting to the
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237 and, thus not fully cognizable
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239 marked the admission of the Sta
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241 P.5 The principles of apportion
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243 completely destructive of equit
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245 remark that equitable apportion
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247 Court in Kansas v. Colorado (su
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249 England, 4 th Edition, Vol. 49(
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251 stated that equitable apportion
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253 Tribunals would have ample powe
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255 equitable manner so as to serve
Page 257 and 258:
257 Having regard to the fact that
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259 development as contemplated und
Page 261 and 262:
261 Keeping in view the shortfall i
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263 prior to the 1924 Agreement, ir
Page 265 and 266:
265 Agreement till 1974 under Claus
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267 hand, the parties had pursued t
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269 in respect of areas requiring i
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271 70,000 to 90,000 acres. It is w
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273 already dealt with the same. We
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275 226. Karnataka, in its statemen
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277 losses, the percolated water wo
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279 and useful areas was taken note
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281 nature of crops which were grow
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283 ft. to 5.9 ft. The following re
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285 utilised to meet the in-basin r
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287 respect of two categories of cr
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289 236. The Tribunal took into acc
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291 of the dissension between the t
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293 that both the States had furnis
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295 deltas so computed for main cro
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297 requirement of Karnataka was co
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299 1. Towns provided with piped wa
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301 out of 100 units of water initi
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303 population had been allowed 135
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305 the industrial water requiremen
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307 Environmental Engineering Resea
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309 was the basic occupation of the
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311 Karnataka based on the project
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313 equitable share of a particular
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315 (iv) Main crop in the low eleva
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317 semi-dry and miscellaneous, ―
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319 unutilized water from its share
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321 compulsions, did not have any s
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323 provision for irrigation water
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325 was ordered that the same would
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327 (10 TMC x 2) as advised by the
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329 286. It was mentioned that the
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331 287. Deducing therefrom and hav
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333 TMC at 50% dependability which
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335 allocation awarded to the parti
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337 Cauvery Water Regulatory Commit
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339 Clause-V The Tribunal hereby or
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341 Pondicherry already in operatio
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343 Clause-XIV Use of water shall b
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345 (d) The ―irrigation season‖
Page 347 and 348:
347 Presidential Reference (Cauvery
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349 S.2 Submission of Mr. S.S. Java
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351 Parkinson (Works) Pvt. Ltd., Bo
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353 or lesser rainfall resulted in
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355 priority contrary to the rules
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357 304. He further argued that Kar
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359 construct a reservoir of 45 TMC
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361 310. He submitted that the Trib
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363 313. He then contended that the
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365 Karnataka's entitlement for sec
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367 considered at all. The evidence
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369 He submitted that the river was
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371 323. He also set out the three
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373 for Karnataka's Kharif paddy ha
Page 375 and 376:
375 These resources were under-util
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377 adhered to the 1924 Agreement t
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379 months and, thus, such water co
Page 381 and 382:
381 that any shortfall could be adj
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383 by adding irrigation components
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385 facet of equitable apportionmen
Page 387 and 388:
387 submissions, a thorough underst
Page 389 and 390:
389 Agreement. As the 1892 and 1924
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391 distribution in Kerala was such
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393 348. He also challenged the Tri
Page 395 and 396:
395 V. Submissions urged on behalf
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397 water included groundwater, no
Page 399 and 400:
399 further there is a constitution
Page 401 and 402:
401 another v. State of Karnataka 5
Page 403 and 404:
403 said Agreement, the accusations
Page 405 and 406:
405 of water by each basin State, s
Page 407 and 408:
407 some identifiable flexibility o
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409 basis of the whole. The above f
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411 any interconnections between aq
Page 413 and 414:
413 in development planning, the po
Page 415 and 416:
415 the needs of the State concerne
Page 417 and 418:
417 production, was also underlined
Page 419 and 420:
419 eventualities. Having regard to
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421 adjustment of the available res
Page 423 and 424:
423 Puducherry, Mysore and Kerala h
Page 425 and 426:
425 the State of Tamil Nadu, Karnat
Page 427 and 428:
427 (v) No lift schemes. 382. As th
Page 429 and 430:
429 the Tribunal on the basis of th
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431 equally balanced and to reitera
Page 433 and 434:
433 relieved the Union Territory of
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435 Resources of Cauvery Delta esti
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437 safe quantity to be accounted f
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439 and the rest would return to th
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441 census, district-wise and the a
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443 sprawling, vibrant and a much a
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445 6.52 TMC for existing water sch
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447 resources by human beings compo
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449 UT of Pondicherry : 7 TMC Envir
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451 own use during any water year s
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453 (c) the holding of a minimum nu
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455 discretion to be exercised by i
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457 framing the scheme is exclusive
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459 (iv) The newly formed States ne
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461 (ix) We do not find any pervers
Page 463 and 464:
463 (xvii) In totality, we deem it
Page 465:
465 407. In the ultimate analysis,
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CAUVERY ISSUE - SUPREME COURT JURISDICTION 16-Feb-2018

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