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1995 DIGILAW 1526 (SC)

State of T. N. v. State of Karnataka

1995-12-14

A.M.AHMADI, B.P.JEEVAN REDDY, S.C.SEN

body1995
JUDGMENT : 1. After hearing counsel for both sides on this application and on being told that the Cauvery Water Disputes Tribunal is actually holding its sittings from today, we deem it appropriate that the prayer contained in this application for an interim order to direct the State of Karnataka to forthwith release at least 30 TMC of Water to Tamil Nadu with a view to saving the standing crops in the Cauvery Delta may be made to the Tribunal itself since it arises from the Tribunal's interim order and the Tribunal has the advantage of the assistance of the assessors who are experts in the field. The Tribunal may decide the application on priority basis after hearing counsel for the parties. The Tribunal may render its decision in this behalf as early as possible keeping in view the urgency, if any. 2. It is a mere co-incidence that when this Court is taking up this interim application for hearing the Tribunal is holding its sitting but it is quite possible that a situation may arise where the Tribunal is not holding its sittings and this Court too is in vacation. In order that such disputes do not raise their head, by way of an interim arrangement we think it appropriate that the Chief Ministers of both the States should meet and set up a small body to monitor the release of water needed to urgently feed the standing crops in either State so that it is not ruined for want of water as that would be a National loss, besides loss to farmers. In order that such urgent need of each State can be accommodated existence of such a body would eliminate the need to rush to this Court from time to time. We would expect the Chief Ministers of both the States to meet at an early date to explore the possibility of setting up of such a body which would have assistance of experts also. That would help to resolve many of the avoidable irritants between the party. With these observations we dispose of this application with liberty to the State of Tamil Nadu to move the Tribunal forthwith and the Tribunal would dispose of the application as indicated hereinbefore.