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2016 (9) TMI 1672

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..... ed, render assistance and aid for implementation of the order/s of this Court, but, unfortunately, the State of Karnataka is flouting the order and, in fact, creating a situation where the majesty of law is dented. This opportunity is granted as the last chance and it is repeated at the cost of repetition that this order is passed despite the resolution passed by the Joint Houses of State Legislature of the State of Karnataka. Call on 6th October, 2016 at 2.00 p.m. - Hon'ble Mr. Justice Dipak Misra And Hon'ble Mr. Justice Uday Umesh Lalit For the Appellant : Mr. Fali S. Nariman, Sr. Adv., Mr. Anil B. Divan, Sr. Adv., Mr. S.S. Javali, Sr. Adv., Mr. M.R. Naik, Adv. Gen., Mr. Mohan V. Katarki, Adv., Mr. S.C. Sharma, Adv., Mr. V. N. R .....

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..... of Tamil Nadu that their competent authorities from the Executive would be available for discussion with the authority to be nominated by the Union of India. Mr. Rohatgi had asked for some time to have the discussion and facilitation of the process and, accordingly, the matter was adjourned to today. 2. On the previous occasion, a direction was issued to the State of Karnataka to release 6000 cusecs of water commencing 28th September, 2016. At that juncture, this Court had stated we are sure that the State of Karnataka shall obey the order without any kind of impediment, obstruction or any other attitude till we take up the mater on 30th September, 2016 . 3. When the matter was taken up today, Mr. Rohatgi, learned Attorney General for India .....

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..... taka and Hon'ble PWD Minister of Tamil Nadu (representative of Hon'ble Chief Minister of Tamil Nadu) and other Ministers and officers of both the States and Union Government. Hon'ble Minister (WR, RD GR) while welcoming the Hon'ble Chief Minister of Karnataka, Hon'ble PWD Minister of Tamil Nadu and Ministers, Officials from both the States and Officers of Mo WR, RD GR for this meeting, stated that the Hon'ble Supreme Court had given an opportunity to the Union Government and both the States to discuss, facilitate and resolve the current Cauvery water impasse in a cordial atmosphere. On that premise, she hoped that both the States would show empathy to each others' need for arriving at a mutually acceptable soluti .....

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..... g a team of experts to Cauvery basin on the ground that it was outside purview of this meeting. Hon'ble Union Minister (WR, RD GR) while making best efforts to make both the States converge to a consensus on release of Cauvery water, finally concluded the meeting by stating that the views of both the States on the current impasse on release of Cauvery water would be communicated to Hon'ble Supreme Court of India, through learned Attorney General of India, in its sitting scheduled for 30th September, 2016. 4. Mr. Fali S. Nariman, learned senior counsel appearing for the State of Karnataka has submitted that he has circulated two letters and he intends to bring the same on record. We have thought it appropriate to take the two letters .....

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..... xplained our positions in writing. I pleaded that the Hon'ble Union Minister appoint an expert team to forthwith visit all the relevant areas in the basin and verify the ground realities including the acute shortage of drinking water and make recommendations. The team representing the Chief Minister of Tamil Nadu vigorously opposed this. In view of the impasse, the Union Minister preferred not to take any unilateral decision. My earnest request to you is to bring all these facts to the knowledge of the Hon'ble Supreme Court. Yours sincerely, Sd/- (Siddaramaiah) 5. The second letter dated 30th September, 2016, is the communication made by Mr. Fali S. Nariman to the Chief Minister. The said letter reads as follows:- I am in receipt of .....

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..... very Water Disputes Tribunal. 9. Regard being had to the aforesaid submission, we direct the aforementioned States and the Union Territory to nominate their members as per the final order of the Tribunal on or before 4.00 p.m. tomorrow (1st October, 2016). The necessary communication shall be sent by the concerned Union Ministry to the competent authority of the States and the concerned Union Territory in course of today. 10. Mr. Rohatgi has submitted that after the Cauvery Management Board is constituted, it can proceed to the site forthwith to take a prima facie view of the ground reality. 11. At this juncture, we may refer to Article 144 of the Constitution of India. It reads as follows:- 144. Civil and judicial authorities to act in aid .....

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