From Our Special Correspondent
Daijiworld Media Network - Bangalore
 
Bangalore, Feb 20: Even though Karnataka’s demands for not notifying the Cauvery Water Disputes Tribunal’s final award till the disposal of the civil appeals filed by the State in the Supreme Court along with those from the other two riparian states of Tamil Nadu and Kerala, Chief Minister Jagadish Shettar on Wednesay urged the Centre to at least desist from constituting the Cauvery Management Board till the disposal of the civil appeals filed by the State in the apex court.

Shettar, who is touring in Kolar and Davangere, regretted the Congress-led UPA regime’s decision on issuing the final notification as directed by the Supreme Court and contended that constitution of the Board was the sole prerogative of the Central government under Section 6 A of the Inter-State Water Disputes Act of 1956,

“There is no law to say that the Board has to be constituted. It (clearance for the proposed Board) has to come before Parliament and there has to be discussions. Under law, there is room for amendment,” the Chief Minister said.

The notification of the final award sparked protests with members of Kannada outfit, Karnataka Rakshana Vedike, staging demonstrations in Mysore, Mandya and Bangalore.

Police detained the Rakshana Vedike activists, who barged into railway stations at Mysore and Bangalore.

Reacting angrily to the Centre notifying the final award of the CWDT, the former Prime Minister and JD(S) supremo H D Deve Gowda warned that he would carry out “peaceful struggle” against the move.

“If it becomes inevitable, I will resort to fasting as a last resort,” he said.

Karnataka’s consistent stand has been that the final award is detrimental to the State’s interests. As against Karnataka’s claim of 465 TMC, only 270 TMC has been allocated (for a normal year), among other major concerns.

An all party delegation led by Shettar to meet Prime Minister Manmohan Singh on February 18, has made a last ditch attempt to urged the Centre not to constitute the Board till the disposal of civil appeals.

“We are pressing the Government even now not to constitute the Board,” he said.

The Tribunal, he said had held that constitution of a Board or Authority under Section 6 A of the Act of 1956, is the sole prerogative of Central Government and also having regard to the fact that the regulations will have to be approved by Parliament under Section 6A (7) of the ISRWD Act of 1956, has merely recommended its constitution.

In its civil appeals before the Supreme Court, Karnataka challenged even the recommendation for the constitution of a Board.

“The proposed Board will adversely affect the absolute authority of the State to regulate its reservoirs derived from Entry 17 of the State List, he argued and explained that it would be an unjust and unconstitutional measure against the spirit of the Cooperative Federal System.

Leader of Opposition in the State Assembly Siddaramaiah blamed the State government for its failure to properly present Karnataka’s case and claimed that the Government’s undertaking in the apex court that it had no objection for the notification of the final award was the reason for the Supreme Court direction to the Centre to notify the final award by February 20.
 

Jaya Welcomes Final Notification
 
Meanwhile, Tamil Nadu Chief Minister J Jayalalithaa welcomed the final notification and said her State has finally secured justice after 22 long years of struggle as Karnataka is now bound to release water from the river.

“It is a great victory for me and my government,’’ she said and pointed out that it was also a victory of Cauvery Delta farmers.

As the award has been notified, it becomes binding on the neighbouring state, which she said, cannot deny water in the future to Tamil Nadu which was “literally at the mercy of Karnataka.”

She, however, said in times of distress, the state would also abide by the tribunal’s directions in sharing Cauvery water.

Jayalalithaa criticized the Centre for its “reluctantance” even to notify the interim award as there was a delay in notifying the final award too.

She noted that while the monsoon sometimes came in bounty to her state, only the overflow from reservoirs in Karnataka during good monsoon there were made available to Tamil Nadu.

“We are grateful to the Supreme Court for giving us justice,” she said and added: “It is a red-letter day for me personally.”