New Delhi: The Supreme court has modified its September 5 order, asking Karnataka to release a reduced amount of 12,000 cusecs of Cauvery river water per day to Tamil Nadu till September 20 from the earlier 15,000 cusecs a day. to ameliorate the plight of farmers of the neighbouring state.
A bench of Justices Dipak Misra and U.U. Lalit, which sat on a holiday to consider Karnataka’s urgent plea, however, expressed deep anguish over the “tone and tenor” of the fresh plea, and said the law and order situation cannot be taken as a ground for non-compliance of the order of the court. The bench was hearing the application filed by Karnataka seeking a direction to reduce the quantum of water to be released from the Cauvery to 1,000 cusecs.
The bench also rejected Karnataka’s request that the apex court direction to release 15,000 cusecs water per day be kept in abeyance until the next date of hearing on the ground that there has been a fault in the Cauvery Water Tribunal award, which does not deal with the issue of deficient water in the reservoir in a particular month.
Referring to the content of Karnataka’s fresh plea, the bench said, “If we are allowed to say then we must say that the tone and tenor of the application is absolutely disturbing and to say the least, totally depricable…that apart the application for modification contain certain averment which follow the tenor or similar language which cannot be conceived of in a court of law seeking modification of an order.”
“Agitation, spontaneity or galvanised riot or any kind of catalystic component can never form the foundation for seeking modification of an order. An order of this court has to be complied by all the concerned and it is the obligation of the executive to ensure that the orders are complied in letter and spirit.”
The bench also noted the stiff claims and counter-claims by the two states and said that it would apply the concept of fair compensation in the matter. A further hearing will be held on September 20.