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'Appeals against Cauvery tribunal not maintainable'

Published On : 19 Oct 2016   |  Reported By : Courtesy : DHNS   |  Pic On: Photo credit : DHNS

New Delhi, DHNS: The Union government on Tuesday contended before the Supreme Court that the decision of a inter-state river water tribunal cannot be questioned since it was considered as a decree passed by the apex court.

Attorney General Mukul Rohatgi, appearing for the Centre, questioned before a three-judge bench presided over by Justice Dipak Misra the maintainability of the appeals filed by Karnataka, Tamil Nadu and Kerala against the final award of the Cauvery Water Disputes Tribunal of February 5, 2007.

He said once the Tribunal's order is published, it partakes shape of the Supreme Court's order, which cannot be assailed. Citing Article 262 (1) and (2) of the Constitution, Rohatgi contended that the power of the Supreme Court is eclipsed after the Tribunal formed under the Inter-State River Water Disputes Act,1956 has adjudicated over the issue. He maintained that such a decision cannot be challenged either in writ jurisdiction under Article 32, appellate jurisdiction under Article 136 or original jurisdiction under Article 131 of the Constitution.

Appearing for Karnataka, senior advocate Fali S Nariman, however, differed with him by contending the state had filed its appeal against the Tribunal's order in 2007 before it was published on February 19, 2013. Senior advocate A S Nambiar, appearing for Puducherry, supported the Advocate General's view.

The bench said the power of judicial review cannot be taken away and how this power of the apex court is to be appreciated, understood and applied in terms of Article 262 is the question that has to be determined. The hearing, which remained inconclusive, would continue on Wednesday.

Govt will consult legal experts: CM

Chief Minister Siddaramaiah on Tuesday said his government will take an appropriate decision on the Supreme Court direction on releasing Cauvery river water to Tamil Nadu after consulting legal experts. “We do not have water in our reservoirs. And I have not gone through the order copy. An appropriate decision will be taken after consulting legal experts,” he told reporters upon seeking his reaction on the court order, in Bengaluru. The Supreme Court on Tuesday directed Karnataka to release 2,000 cusecs of
water to Tamil Nadu per day till the next order.

Let us wait and see:?Madegowda

Mandya Zilla Raitha Hitharakshana Samiti president G Madegowda told media in Mandya on Tuesday:?“The high-level technical team of the Centre has submitted its report to the Supreme Court stating that both the states are in need of water. Let us wait and see what decision the Supreme Court takes tomorrow. If it is just for a day, we can release water. But, if the court orders the state to release more water, a tough and strong decision should be taken.”

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