CAUVERY ISSUE - SUPREME COURT JURISDICTION 16-Feb-2018

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198 river bed and from tanks in small quantities not exceeding 73 TMC in aggregate. There was no facility of storage and, thus, the agricultural operations were dependent on rainfall. It alleged that the efforts made by the State of Mysore to utilize the waters of this river for the purposes of irrigation were continually frustrated by the protests of the British Government of Madras and though the State of Mysore was the upper riparian State and contributed the highest flow to the river, yet it was not permitted to exercise its powers to utilize the waters for irrigation due to the remonstrances of the lower riparian province of Madras. It pleaded that eventually, after a series of correspondence in the last part of the 19 th century and early part of the 20 th century and on the culmination of the arbitration proceedings on the issue, a scheme for storage of the water of Cauvery was formulated in 1931 after the construction of the Krishna Raja Sagara Dam (also referred to as ―KRS‖) for the storage of 44.8 TMC of water. It stated that by 1934, Madras too had completed the work of Mettur Dam for storage of 93.5 TMC of water of Cauvery thereby enabling cultivation of over 1,21,457 hec. (3,00,000 acres) of new area. It mentioned that after the reorganization of the States and formation of the State of Karnataka
199 covering the areas of the new State of Mysore and others, the drainage area of Cauvery basin in Karnataka rose to 42.2%. Apart from referring to the principal tributaries of Cauvery in Karnataka like Harangi, Hemavathi, Kabini, it was underlined that the Cauvery river valley did receive varying degrees of rainfall. In elaboration, it was stated that while the western and central parts of the basin received rainfall in South-West monsoon commencing from the last week of May and ending in September, the eastern part was largely attended by the North-East monsoon starting in September and ending in December. It averred that the rainfall pattern per se evinced that large cultivable areas of the State suffered from inadequate rainfall. Though the hilly regions forming part of the Western Ghat in Karnataka received very heavy rainfall, yet other parts of the Districts of Mysore, Mandya, Hassan, Tumkur, Bengaluru and Kollar encountered severe and successive droughts. <strong>16</strong>8. According to Karnataka, in sharp contrast, the eastern part of the basin in Tamil Nadu received heavy rainfall in North-East monsoon beginning from the end of September and ending in December and further the central part of the basin in Tamil Nadu received both South-West monsoon and North-East monsoon.
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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
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93 agreements since they are relata
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95 Meanwhile the Secretary of State
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97 suggested to strengthen the Dam.
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99 78. Be it noted, initially, the
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101 by the Ruler of the Indian Stat
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103 denouncement of the 1886 Lease
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105 jurisdiction of this Court is b
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107 is appositely read and understo
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109 Majesty or the Government of th
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111 agreements, treaties, covenants
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113 General under Section 6 of the
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115 subject only to the provisions
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117 of Accession, and are wrongfull
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119 Article 363 of the Constitution
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121 concerned having arisen before
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123 apply to it is incorrect. Accor
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125 historical events as background
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127 therefore within the province o
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129 this Court under Article 32 to
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131 102. Be it noted, the larger Be
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133 without fear of any contradicti
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135 the section now before us is ap
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137 The dispute was not settled by
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139 Where freedom of contract is ab
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141 bargaining power between the pa
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143 116. In Delhi Transport Corpora
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145 2. Any dispute arising out of t
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
Page 195 and 196: 195 relevant factors are to be cons
Page 197: 197 165. The definition of ‗water
Page 201 and 202: 201 Nadu reiterated its demurral th
Page 203 and 204: 203 State has to be preserved more
Page 205 and 206: 205 food of the people. It asserted
Page 207 and 208: 207 Basin to which it was entitled.
Page 209 and 210: 209 Mysore State without previous r
Page 211 and 212: 211 of consent. In its turn, the Ma
Page 213 and 214: 213 any impounding was made in the
Page 215 and 216: 215 developments made in the differ
Page 217 and 218: 217 P.2 Breach of agreements of 189
Page 219 and 220: 219 adjudication. The Tribunal, on
Page 221 and 222: 221 water in the Kabini, Bhawani an
Page 223 and 224: 223 noted. It recorded that due to
Page 225 and 226: 225 Committee also reflected over t
Page 227 and 228: 227 190. The Tribunal, however, at
Page 229 and 230: 229 that the utilizable quantities
Page 231 and 232: 231 concluded that in view of the f
Page 233 and 234: 233 Water Resources, Government of
Page 235 and 236: 235 The Tribunal, adverting to the
Page 237 and 238: 237 and, thus not fully cognizable
Page 239 and 240: 239 marked the admission of the Sta
Page 241 and 242: 241 P.5 The principles of apportion
Page 243 and 244: 243 completely destructive of equit
Page 245 and 246: 245 remark that equitable apportion
Page 247 and 248: 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
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257 Having regard to the fact that
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259 development as contemplated und
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261 Keeping in view the shortfall i
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263 prior to the 1924 Agreement, ir
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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
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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
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387 submissions, a thorough underst
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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
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395 V. Submissions urged on behalf
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397 water included groundwater, no
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399 further there is a constitution
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401 another v. State of Karnataka 5
Page 403 and 404:
403 said Agreement, the accusations
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405 of water by each basin State, s
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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
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413 in development planning, the po
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415 the needs of the State concerne
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417 production, was also underlined
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419 eventualities. Having regard to
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421 adjustment of the available res
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423 Puducherry, Mysore and Kerala h
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425 the State of Tamil Nadu, Karnat
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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
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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
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463 (xvii) In totality, we deem it
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465 407. In the ultimate analysis,
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CAUVERY ISSUE - SUPREME COURT JURISDICTION 16-Feb-2018

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