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Synopsis

The Supreme Court on Tuesday formulated issues for consideration in the issue involving water-sharing of river Cauvery between the states of Tamil Nadu and Karnataka.

Following broad issues have been framed by a bench of Justices AS Oka and Ujjal Bhuyan:

1.  Whether the Suit is barred by Section 11 of the Inter-State River Water Disputes Act, 1956 read with Article 262(2) of the Constitution of India?
2. Whether the Suit is barred by principles of Res Judicata?
3. Whether the plaintiff is entitled to commit, enjoy or utilise “Karnataka Cauvery Water” as defined in paragraph 6(a) of the Plaint?
4. Whether defendant Nos.1 and 3 are not entitled to commit, enjoy or utilise any water in the Cauvery basin in addition to “Tamil Nadu Cauvery Water” as defined in paragraph 6(b) of the Plaint?
5. Whether the Suit premised on the bifurcation of waters of River Cauvery as “Karnataka Cauvery Water” and “Tamil Nadu Cauvery Water” is at all maintainable?
6. Whether the projects sought to be undertaken by the first defendant prejudicially affect the rights and interests of the plaintiff-State?
7. Whether the Suit is at all maintainable in the 2 absence of existence of any cause of action?

The case will now be heard on May 7, 2024 for directions.

In January, Justice Aravind Kumar had recused from hearing the Cauvery River water dispute between the state of Tamil Nadu and Karnataka.

In September last year, the Supreme Court had refused to interfere with the Cauvery Water Management Authority (CWMA) order on directions to the State of Karnataka on releasing Cauvery water to Tamil Nadu.

Earlier, CWMA had informed the Supreme Court that Karnataka had released water to Tamil Nadu as per its direction issued on August 10.  It also said that Cauvery basin reservoirs in Karnataka has received 52% low inflow in the last 30 years.  

The Karnataka Government had also filed an affidavit in the Supreme Court claiming that it is facing a severe drought situation both in Cauvery and Krishna basins, it may not be feasible to further release any water from the reservoirs in Karnataka after September 12, 2023.

In August last year, Tamil Nadu had approached the top court for the first time seeking a direction to Karnataka to release Cauvery water after the 2018 judgement where the top court allocated water among river basin states modifying 2007 Cauvery Water Dispute Tribunal final award.

Case Title: State or Karnataka vs. State of Tamil Nadu and Ors.