SC clears Cauvery scheme
The seven-year old row over the implementation of the contentious interim award of the water disputes tribunal ended today when the Supreme Court put its seal of approval on the scheme framed and notified by the Centre in this regard.
A five-judge Constitution bench headed by Chief Justice M M Punchhi disposed off a suit filed by the state of Tamil Nadu seeking that the Union government be directed to frame the scheme for implementation of the award dated June 25, 1991 so that Karnataka released 205 TMC ft of water to Tamil Nadu annually.
The suit was disposed of since no other issue survived after the notification of the scheme framed under section six of the Inter-State Water Disputes Act.
Other judges on the bench were Justices S C Agarwal, A S Anand, S P Bharucha and A P Misra.
In its brief order, the court observed, 'K Parasaran, counsel for Tamil Nadu suggests that since the "scheme under section 6(a) of the act has been notified on august 11, 1998, the suit may be disposed of.'' "(The) respondent parties -- the states of Karnataka, Kerala and Pondicherry -- have no objection. Likewise, Attorney General Soli J Sorabjee has no objection. Therefore, the suit would stand disposed of accordingly,'' the order said.
After the Supreme Court directed the Centre to formulate a scheme for implementation of the interim award by August 12, Prime Minister A B Vajpayee convened a meeting of chief ministers of the four riparian states -- Karnataka, Tamil Nadu, Pondicherry and Kerala -- to discuss the matter.
The meeting held on August 6 and August 7 hammered out a scheme under which the Cauvery River Authority, headed by the prime minister, was to be created. A monitoring committee was to be set up to assist it.
On August 11, the government notified the scheme, and presented it before the Supreme Court on the following day.
On August 12, the Supreme Court referred to a five-judge Constitution bench the government notification on the scheme for passing appropriate orders on a pending Tamil Nadu suit on the issue. The matter was posted for today.
The direction for placing the scheme before the Constitution bench was issued by a three-judge bench headed by Chief Justice M M Punchchi, when attorney general Soli J Sorabjee placed a copy of the notification before the court. He informed the court that the scheme would be implemented in the next eight weeks.
The matter was referred to the Constitution bench since the suit filed by the state of Tamil Nadu was still pending. It was to determine whether after notification of the scheme any other issue survived in the Tamil Nadu suit seeking implementation of the interim order.
UNI
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