(1.) INDEX <FRM>JUDGEMENT_100_LAWS(SC)2_2018_1.html</FRM> In this batch of Appeals, the assail is to the award dated 05.02.2007 passed by the Cauvery Water Disputes Tribunal (for brevity, "the Tribunal") constituted under Sec. 3 of the Inter-State Water Disputes Act, 1956 (for brevity, "the 1956 Act") by three States, namely, Karnataka, Tamil Nadu and Kerala as each of them is aggrieved by the allocation and sharing of water of river Cauvery according to individual perception, perspective and understanding. It is worthy to mention here that there are two principal States, namely, State of Karnataka and State of Tamil Nadu who as adversaries take the centre stage. The other two, State of Kerala and Union Territory of Pondicherry (presently named as "Puducherry") in their own way, attacked the award and also seriously criticized the stand and stance of the main protagonists because of their dominant, assertive and adamant attitude by which they not only feel neglected and discriminated but have also been compelled to harbour the idea that two of them have created impediment in their rightful due concerning the release of water.
(2.) Before the hearing of the Appeals commenced, on being moved by the State of Tamil Nadu, State of Karnataka and the Central Government, certain orders came to be passed. It is necessary to adumbrate the nature of orders passed by this Court, for without the said narration, it will be an incomplete narrative. We may immediately state that we shall devote some space to the genesis of the disputes as it travels beyond 100 years and the learned counsel for the parties have argued with vigour and energy in that regard. The said submissions shall be noted and addressed in due course. Be it noted, at one stage, the issue of entertainability of the appeals by special leave was raised by the Union of India and this Court had to deal with it and delivered a judgment in State of Karnataka Vs. State of Tamil Nadu and others, (2017) 3 SCC 362. Certain other orders also reflected the stand of the contesting States and where and how they were to be guided by the cherished principle of rule of law by accepting the order of the Court and not take a deviant path.
(3.) Though the award was passed on 5th Feb., 2007, yet it was published by requisite notification dated 19th Feb., 2013. On 10.05.2013, in I.A. No. 5/2013 in Civil Appeal No. 2456 of 2007, a two-Judge Bench, taking note of the notification dated 19th Feb., 2013 and also considering the fact that the said notification was under consideration of the Central Government, passed an order constituting a Supervisory Committee as a pro tem measure for implementation of the final order of the Cauvery Water Disputes Tribunal dated Feb. 5, 2007 which was notified vide notification dated Feb. 19, 2013. The two-Judge Bench ordered that the said Supervisory Committee shall consist of Secretary, Union Ministry of Water Resources as Chairman and the Chief Secretaries of the respective States of Karnataka, Tamil Nadu, Kerala and Union Territory of Puducherry as members.
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