Cauvery water dispute cases: SC judge recuses from hearing

Supreme Court judge Justice J Chelameswar today recused himself from hearing a batch of petitions and cross-petitions relating to the implementation of the Cauvery Water Disputes Tribunal (CWDT) award, filed by various parties, including Tamil Nadu, Andhra Pradesh, Karnataka and Kerala.
"I will not be part of the bench which would hear these cases," Justice Chelameswar, who was heading the bench that also comprised Justices Shiva Kirti Singh and A M Sapre, said.
The court also asked a host of senior advocates including F S Nariman, Rajeev Dhavan and Shekhar Naphade, representing various stakeholders in the historic water dispute, to mention the matter before Chief Justice T S Thakur for listing of the cases before some other bench.

It then adjourned the matters and posted them for hearing after two weeks.
Earlier, the apex court had refused to give an urgent hearing to a plea of Tamil Nadu government for setting up the Cauvery Management Board for implementation of the CWDT award.
At the directions of the apex court, the Centre, in 2013, had notified the final award of the CWDT on sharing the waters of the Cauvery system among the basin states of Karnataka, Tamil Nadu and Kerala and union territory of Puducherry.

The CWDT had recommended the setting up of a Cauvery Management Board/Authority on the lines of the Bhakra Beas Management Board for implementation of the order. The board, in turn, would constitute a Cauvery Water Regulation Committee for assistance.

The Tribunal, in a unanimous decision in 2007, had determined the total availability of water in the Cauvery basin at 740 thousand million cubic (tmc) feet at the Lower Coleroon Anicut site, including 14 tmcft for environmental protection and seepage into the sea.
On being pointed out by senior advocate Adish Aggarwala,
appearing for petitioner P Shivakumar that today 'Rail Roko' was organised in Karnataka and tomorrow a similar agitation will be held in Tamil Nadu, the bench said it was the sacred duty to see no agitation, damage or destruction of property takes place.
When the court questioned his locus standi, Shivakumar said he was a social activist and a resident of Kanyakumari in Tamil Nadu and added that he was aggrieved by the violence in both states in which public, private properties were being damaged by local groups.

The bench observed that as per media reports, the situation was returning to normal and asked the petitioner to specify what was the present state of affair.
Counsel for petitioner then told the bench that due to the 'rail roko' agitation, buses were also not plying in Karnataka apprehending violence and a similar 'bandh' call has been given in Tamil Nadu for tomorrow.
Approximately Rs 25,000 crore worth of properties have been damaged in violence in the two states and the apex court had specifically directed in 2009 that if there is violence in these two states, these have to be reported to the apex court, the counsel said.

The court had yesterday agreed to hear the plea seeking direction to the Centre, Tamil Nadu and Karnataka to maintain law and order in these two states witnessing violent protests in the wake of a row over distribution of Cauvery water.
On September 12, the apex court modified its earlier order on sharing of Cauvery water and directed Karnataka to release 12,000 cusecs instead of 15,000 cusecs per day till September 20 to Tamil Nadu.
Rejecting Karnataka's plea seeking that its September 5 order for release of 15,000 cusecs of water to Tamil Nadu be kept in abeyance, the court had asked the Executive to ensure compliance. It was also critical of the language used in Karnataka's plea.