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January 05, 2017

Daily Hearings On Cauvery Water Dispute Case: SC


cauverywater

On the appeals filed by Tamil Nadu, Karnataka, and Kerala against the 2007 award of the Cauvery Water Dispute Tribunal (CWDT) on sharing of water, the Supreme Court decided to conduct case-related hearings on a day-to-day basis.

A bench of Justices Dipak Misra, Amitava Roy, and AM Khanwilkar reiterated its October 18, 2016 order and said that it will remain effective till further orders and fixed the pleas on the vexatious dispute for final hearing on February 7, 2017.

On October 18, 2016, the court had directed Karnataka to keep releasing 2000 cusecs of Cauvery water to Tamil Nadu till further orders.

On December 9, 2016, the court had upheld the maintainability of appeals filed by the riparian states, saying that it has the “jurisdiction to decide the parameters, scope, authority, and jurisdiction of the tribunal.”

The court had said that it would first go into the issue of maintainability of appeals filed by Karnataka, Tamil Nadu, and Kerala against the award of the tribunal and then hear arguments on the report filed by a Supervisory Committee formed to assess ground realities in the Cauvery basin region.

The Centre had raised preliminary objection claiming that the CWDT award amounted to a final decree in the dispute and the apex court had no jurisdiction to hear appeals against the award of the tribunal.

But the states had contended that their appeals were maintainable saying that the Supreme Court had the jurisdiction to adjudicate the appeals filed by the states against the award of the tribunal and that no statute can take away the appellate powers of the apex court under Article 136 of the Constitution.

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