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REPORTABLE  

IN THE SUPREME COURT OF INDIA  

CIVIL ORIGINAL JURISDICTION  

 CONTEMPT PETITON (CIVIL) NO. 898   OF  2018   

IN   CIVIL APPEAL NO. 2453 OF 2007   

               STATE OF TAMIL NADU          ....Petitioner(s)          

:Versus:    

P.K. SINHA AND ANR.          ....Respondent(s)    

WITH  

M.A. No.934/2018 in C.A. No. 2453 OF 2007   

Contempt Petition (Civil) No…………. of 2018           (Diary No.12431/2018)     M.A. No. 937/2018 in C.A. No. 2453 OF 2007  

I.A. No.47065/2018, I.A. No.50562/2018 and  

I.A. No.68455/2018  

O R D E R  

A.M. Khanwilkar, J.  

1. This Court on 16th February, 2018 pronounced its  

judgment and final order in Civil Appeal Nos.2453/2007,  

2454/2007 and 2456/2007 and directed the Central

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Government to frame a scheme under Section 6A of the Inter-  

State River Water Disputes Act, 1956 (for short, “1956 Act”),  

for smooth implementation of the Award passed by the  

Tribunal and as modified by this Court for carrying out the  

rights of the States with regard to allocation or sharing of  

water. The Central Government with a view to arrive at a  

consensus for framing of the proposed scheme, initiated  

consultations with party States/Union Territory.  The first  

meeting for that purpose was convened on 9th March, 2018 in  

which the modalities of the scheme including the composition  

of the Authority were discussed. The party States then  

submitted responses and in view of the divergent views  

expressed by the party States/U.T., it was felt that if the  

Scheme was to be framed by the Central Government itself,  

States may again approach this Court. To avoid further  

litigations by the States in respect of constitution and  

functions of the proposed Board, the Central Government felt  

it necessary to seek clarification of this Court for which I.A.  

No.47065/2018 was filed on 31st March, 2018 for the following  

reliefs:

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 “(a) Clarify whether it is open to the Central Government to  

frame the Scheme under 6‟A‟ at variance with the  recommendations contained in the report of CWDT  regarding Cauvery Management Board.  

 (b) Clarify that in case the Cauvery Management Board as  

recommended in the report of CWDT is to be constituted,  does the Central Government have the following flexibility:  

(i) To modify the composition of the Board to a mixture of  

administrative & technical body, and not purely a technical  body as recommended by CWDT in its report, for effective  conduct of the business of the Board and considering overall  

sensitivity of the issues involved.   (ii) Clarify whether the Board framed by the Central  

Government under 6A of ISWRD Act, 1956 can have  functions different from the ones recommended for Cauvery  Management Board by CWDT in its report.   

 (c)  Any other guidance or directions that Hon‟ble Supreme  

Court may like to give in the light of divergent views  expressed by party States/UT with regard to framing of the  Schemes under Section 6A of the ISRWD Act, 1956.  

  (d) Allow application for extension of time of Three months  

for implementation of Order dated 16.02.2018 in this  

instant Civil Appeal.     

(e) Pass such other order/orders as this Hon‟ble Court may  deem fit and proper in the facts and circumstances of the  present case.”   

2. On the same day i.e. 31st March, 2018, the State of Tamil  

Nadu filed a contempt petition being Contempt Petition (Civil)  

No.898 of 2018, complaining about the non-framing of the  

scheme by the Central Government within a period of six

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weeks as granted by this Court. The State of Tamil Nadu also  

prayed for a direction to the respondents named in the said  

contempt petition to forthwith frame a scheme in accordance  

with the judgment of this Court dated 16th February, 2018 by  

providing for Cauvery Management Board and Cauvery Water  

Regulation Committee with all powers to give effect to the  

decision of the Tribunal as well as the judgment of this Court.  

Besides the contempt petition filed by the State of Tamil Nadu,  

another contempt petition came to be filed by a private party,  

namely, Mr. R.K.R. Anantaraman, Member of Legislative  

Assembly on 3rd April, 2018.  On the same date, the matter  

was mentioned by the counsel for the Union of India for taking  

up the application filed by Union of India, for hearing.  This  

Court directed the said application to be listed on 9th April,  

2018. In the meantime, I.A. No.50562 of 2018 came to be filed  

on behalf of the Union Territory of Puducherry on 5th April,  

2018 for the following reliefs:  

“(i) direct the Respondent/Government of India to take  

effective steps to implement the judgment dated 16.02.2018  passed by this Hon‟ble Court in C.A. No.2453 of 2007 and  other connected appeals without further delay;  

(ii) direct the Respondent/Government of India to frame a  scheme under Section 6-A of the Inter State Water Disputes

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Act constituting Cauvery Management Board (CMB) and  Cauvery Water Regulation Committee (CWRC) for effective  

implementation of the directions of this Hon‟ble Court  without further delay; and  

(iii) to pass such other order or orders as may be deemed fit  and proper in the interests of justice.”  

3. The aforementioned applications/contempt petition were  

listed on 9th April, 2018 when this Court passed the following  

order:  

“We have heard Mr. K.K. Venugopal, learned Attorney  

General for the Union of India appearing in M.A. No.  

934/2018, Mr. Shekhar Naphade and Mr. Rakesh Dwivedi,  

learned senior counsel alongwith Mr. G. Umapathy, learned  

counsel appearing for the State of Tamil Nadu, Mr. Shyam  

Divan, learned senior counsel alongwith Mr. Mohan V.  

Katarki, learned counsel for the State of Karnataka, Mr.  

Jaideep Gupta, learned senior counsel for the State of Kerala  

and Mr. A.S. Nambiar, learned senior counsel for the Union  

Territory of Puducherry.   

Regard being had to our judgment, we direct the Union of  

India to file a Draft Scheme before this Court  

CONMT.PET.(C) 898/2018 etc. 3 on or before 3.5.2018. We  

have so directed as we do not want the controversy to  

continue before this Court. We request learned senior  

counsel for the parties to convey to the competent  

authorities of the respective States to maintain peace at this  

juncture, so that this Court can put the final stamp on the  

Scheme after due deliberation.   

Let the matter be listed on 3.5.2018.”  

4. Again the matters were listed on 3rd May, 2018 when the  

Court passed the following order:

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 “Let the matter be listed on 8.5.2018 to enable learned  

counsel for the State of Karnataka to obtain instructions.  

Mr. K.K. Venugopal, learned Attorney General for India  

alongwith Mr. Tushar Mehta, learned Additional Solicitor  

General of India and Mr. S. Wasim A. Qadri, learned counsel  

appearing for the Union of India shall obtain instructions as  

to what steps have been taken to frame the scheme, and the  

same shall be put forth by way of an affidavit by the next  

date of hearing after serving a copy on both sides. Call on  

date fixed.”  

5. On 8th May, 2018, a request was made by Mr. K.K.  

Venugopal, learned Attorney General for India for some more  

time as the draft scheme was ready but it was yet to be placed  

before the Cabinet of Ministers. This Court after hearing the  

parties for some time, passed the following order:  

 “It is submitted by Mr. K.K. Venugopal, learned Attorney  

General for India that the draft Scheme is ready, but it shall  

be placed before the Cabinet as expeditiously as possible.  

The same is seriously opposed to by Mr. Shekhar Naphade,  

learned senior counsel appearing for the State of Tamil Nadu  

on many a ground. Regard being had to delay, we direct the  

Secretary, Ministry of Water Resources, River Development &  

Ganga Rejuvenation, Government of India, to remain  

personally present with the draft Scheme, as directed by this  

Court in the judgment, before this Court at 10.30 a.m. on  

14th May, 2018. We have directed for personal appearance  

of the aforesaid Secretary so that the authorities under the  

Scheme can implement the judgment passed by this Court  

as the same has the status of the decree. Call on the date  

fixed.”

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6. In the meantime, the State of Karnataka filed I.A.  

No.68455 of 2018 to place on record an affidavit showing the  

status of the total water in the Water Year 2017-18 and in  

particular, during the months of March and April, 2018.  All  

the I.As. and the contempt petitions were again taken up on  

14th May, 2018 in terms of the order dated 8th May, 2018.  The  

draft scheme framed by the Central Government was produced  

before this Court. The counsel appearing for the States  

requested the Court for a copy of the draft scheme so that they  

would be able to make submissions as to whether the scheme  

was in consonance with the judgment of this Court. This  

Court passed the following order on 14th May, 2018:    

“In pursuance of our earlier order, Mr. U.P. Singh, Secretary,  

Ministry of Water Resources, River Development and Ganga  

Rejuvenation is personally present. He has filed the draft  

Scheme framed by the Central Government. Mr. Shekhar  

Naphade, Mr. Jaideep Gupta and Mr. A.S. Nambiar, learned  

senior counsel appearing for the States of Tamil Nadu,  

Kerala and Union Territory of Puducherry respectively, would  

submit that they may be given copies of the draft Scheme  

only to examine whether the said Scheme is in consonance  

with the judgment of this Court. The copies of the Scheme be  

given in the course of the day. Let the matter be listed on

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16.5.2018. The personal appearance of the Secretary,  

Ministry of Water Resources, River Development and Ganga  

Rejuvenation is dispensed with.”  

7.  On 16th May, 2018, Mr. Shekhar Naphade, learned  

senior counsel appearing for the State of Tamil Nadu, Mr.  

Jaideep Gupta, learned senior counsel appearing for the State  

of Kerala and Mr. A.S. Nambiar, learned senior counsel  

appearing for the Union Territory of Puducherry made  

submissions regarding the appropriateness of some of the  

clauses in the said draft scheme.  Mr. Shyam Divan, learned  

senior counsel appearing for the State of Karnataka expressed  

his inability to offer any comments for want of instructions. He  

submitted that due to the recent developments due to  

elections to the Karnataka Legislative Assembly, it was not  

possible for the Advocate on Record for the State, who was  

instructing him, to take instructions from the State  

Government. This Court made it clear that as long as the  

Advocate on Record for the State of Karnataka was not  

discharged, it was open to him to assist the Court as an officer

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of the Court and offer his comments on the draft scheme, if so  

advised.   

 8. After due deliberations, Mr. K.K. Venugopal, learned  

Attorney General for India requested this Court to defer the  

matter till 17th May, 2018, so as to make necessary changes in  

the draft scheme in deference to the observations made by this  

Court.  Accordingly, the matter was deferred till 17th May,  

2018.  On 17th May, 2018, the learned Attorney General  

produced the corrected copy of the draft scheme after duly  

incorporating necessary changes in the concerned clauses of  

the draft scheme to bring it in line with the observations made  

by this Court on the previous date of hearing.   

9. With reference to the corrected copy of the draft scheme,  

Mr. Shyam Divan, learned senior counsel appearing for the  

State of Karnataka submitted his objections in writing.  Mr.  

Jaideep Gupta, learned senior counsel appearing for the State  

of Kerala maintained his objections taken on the earlier  

occasion that the effect of the scheme would impinge upon the  

rights of the States in respect of the conservation and use of

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water which was exclusively a State subject, covered by Entry  

17 in List II of the Seventh Schedule to the Constitution. In  

addition, he also supported the objections raised by the State  

of Karnataka in respect of clauses 9(3)(i) and 9(3)(vii) as well as  

9(3)(iii).   

10. Mr. Venugopal, learned Attorney General countered the  

objections raised by the State of Karnataka and State of  

Kerala.  He submits that the dispensation envisioned in the  

concerned clauses is essentially to ensure smooth and  

effective implementation of the scheme. He submits that the  

implementation of the scheme will be strictly in accordance  

with the distribution of water to the respective States/U.T. in  

consonance with the Award of the Tribunal as modified by this  

Court.   

11. Mr. A.S. Nambiar, learned senior counsel appearing for  

the Union Territory of Puducherry emphasized that the  

authority constituted for implementation of the scheme must  

be invested with complete power for ensuring smooth

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implementation of the scheme in accordance with the Award  

passed by the Tribunal and as modified by this Court.    

12. For completion of record, we deem it apposite to  

reproduce the draft corrected scheme produced by the learned  

Attorney General before this Court.  The same reads thus:   

“DRAFT  

CAUVERY WATER MANAGEMENT SCHEME  (MINISTRY OF WATER RESOURCES, RIVER  

DEVELOPMENT AND GANGA REJUVENATION)    

New Delhi, the May, 2018  

S. O.  ………..Whereas the Central Government, in exercise  of the powers conferred upon it by Section 4 of the Inter- State River Water Disputes Act, 1956 (33 of 1956)  

(hereinafter referred to as „the Act‟;) had constituted by  notification number S.O. 437(E), dated 2nd June, 1990, the  

Cauvery Water Disputes Tribunal (CWDT) (hereinafter  referred to as „the Tribunal‟) to adjudicate upon the water  dispute regarding the Inter-State river Cauvery and the river  

valley thereof among the States of Karnataka, Kerala, Tamil  Nadu and Union Territory Puducherry (then Pondicherry;   And whereas the Tribunal investigated the matters referred  

to it and forwarded to the Central Government a Report  under Sub-Section (2) of Section 5 of the said Act, on  

05.02.2007. The party States filed Special Leave Petitions  (SLPs) in the Supreme Court against the 5(2) Report of the  Tribunal. The Supreme Court converted the SLPs filed by the  

party States into Civil Appeals. On 04.02.2013, the Supreme  Court directed the Government of India to notify the 5(2)  

Award of the Tribunal. In pursuance of which, the  Government of India notified the 5(2) Award of CWDT dated  05.02.2007 vide S.O.404 (E) dated 19.02.2013.  

And whereas Supreme Court pronounced its judgment and  final order in Civil Appeals 2453/2007, 2454/2007 &

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2456/2007 on 16.02.2018 and directed the Central  Government to frame a “scheme” under Section 6 A of the  

Act to implement the Tribunal Award further modified by the  Supreme Court order dated 16.02.2018.  

Now, therefore, in exercise of the powers conferred by  Section 6A of the said Act, the Central Government hereby  frames the scheme, inter-alia, constituting the Cauvery  

Water Management Authority (hereinafter referred to as  the “Authority”) and the Cauvery Water Regulation  Committee (hereinafter referred to as „the Committee‟) to give  

effect to the decision of the Cauvery Water Dispute Tribunal  as modified by the Supreme Court in its order dated  

16.02.2018, namely:-  (1) This Scheme may be called the Cauvery Water  Management Scheme, 2018,  

(2) It shall come into force on the date of its publication in  the Official Gazette.  

 I. Establishment of Cauvery Water Management  

Authority  

1. Name of the Authority: It shall be called as Cauvery  Water Management Authority    

2. Status and Constitution of the Authority:   1. The Authority shall be a body corporate having  

perpetual succession and a common seal and shall sue and  be sued.   2. Composition of the Authority : The Authority  

shall consist of the following   members:   (a) Chairman- To be appointed by the Central  Government amongst serving   officers:  

(i) Who is a senior and eminent engineer with wide  experience in water resource management; handling of inter-

State water sharing issues; construction, operation and  maintenance of irrigation projects; or  (ii) an All India Service Officer, in the rank of Secretary or  

Additional Secretary to the Government of India with  experience in wate resources and inter-State water sharing  

issues.  Chairman shall have tenure of 5 years or till 65 years of age,  whichever is earlier.   

(b) Two whole time Members- To be appointed by  Central Government for a term of three years extendable to  five years.  

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(i) One Member (Water Resources) – an engineer not below  the rank of Chief Engineer from the Central Water  

Engineering Services (CWES) cadre.   (ii) One Member (Agriculture) – not below the rank of a  

Commissioner from the Ministry of Agriculture & Farmers‟  Welfare.    (c) Two Part Time Members – Representatives of  

the Central Government of   the rank of Joint  Secretary to be nominated by Ministry of Water Resources,    River Development & Ganga Rejuvenation and  

Ministry of Agriculture and Farmers‟ Welfare respectively.   (d) Four Part Time Members from States –  

Administrative Secretaries in charge of Water Resource  Departments of each State Government of Kerala,    Karnataka, Tamil Nadu and Union Territory of  

Puducherry who shall be nominated by their respective State  Governments.  

 3. Secretary of the Authority:   The Authority shall have a Secretary who shall be an  

engineer to be appointed by  the Central Government for a  term of three years extendable to five years not below  the  rank of Chief Engineer from the CWES cadre. He shall not  

have any voting  rights.     

4. Quorum and Voting: Six Members shall form a  Quorum and the concurrence of  the majority shall be  necessary for transaction of the business of the Authority  

except such business as the Authority may from time to time  prescribe as routine. The Members shall have equal powers.   The next meeting will be held within three days if the  

meeting is postponed for want of quorum and for that  meeting quorum will not be necessary.   

 5. Disposal of Business by the Authority:  (a) On the following matters, the Authority shall record its  

decision by a resolution at a meeting in which the Chairman  and all the Members from the party States are  present:-  

(i) Framing of Rules of Business;   (ii) Delegation of functions to a Member or Secretary or  any official of the Authority;  

(iii) Categorizing any part of the business of the  Authority as of a formal or routine  nature;   (iv) Any other matter which any of the four party  

States require that it shall be  decided at a meeting of the  Authority.

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(b) Chairman of the Authority can invite representatives  from Central Water  Commission, National Institute of  

Hydrology, Indian Agricultural Research  Institute (IARI)  and/or any other agency including universities as special  

invitees  to attend the Authority meetings or otherwise, in  carrying out the functions  specified under this scheme.   (c) Subject to the foregoing provisions, the Authority shall  

frame its own rules for the  conduct of its business.    6. Indemnity of Members:  

No Member, officer or employee of the Authority shall be  liable for loss, injury or damages resulting from:  

(a) action taken by such Member, officer or  employee in good faith and without malice under the  apparent authority of the orders, even though such action is  

later determined to be unauthorised, or    (b) the negligent or wrongful act of omission of any  

other person employed by the Authority and serving under  such Member, officer or employee unless such member,  officer, or employee failed to exercise due care in the  

appointment of such other person or the supervision of his  work.    

7. Officers and Servants of the Authority:  The Authority may from time to time appoint or employ such  

and so many officers and employees as it thinks fit and  remove or dismiss them, under the rules and regulations  applicable to the appointment, removal and dismissal of the  

Central Government officers and employees. All such officers  and employees shall be subject to the sole control of the  Authority. The Authority may, with the previous approval of  

the Central Government, make regulations to regulate  conditions of service of all such officers and employees in  

respect of the residential accommodation, house rent  allowance, travelling allowance, daily allowance, conveyance  allowance and medical reimbursement. The scales of pay  

and the other service conditions shall be as applicable to  Central Government employees.   

Persons employed in the services of the three States and the  Union Territory of Puducherry may be appointed or  employed by the Authority in such proportions as the  

Authority may deem fit. The Authority shall arrange with the  State Government/Union Territory to spare the services of  the persons employed in the State Government/Union  

Territory for whole time employment with the Authority, or  for the performance of any work or services for the Authority.

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The Authority may also make direct recruitment of any  personnel or obtain the same from the Centre or other  

sources as considered appropriate.    

8. Administrative and Field Organisation Costs:  (i) All expenses of the Authority (including salary and  other expenses of the Chairman and independent Members)  

shall be borne by the State Governments, in the ratio of  Kerala – 15% Karnataka – 40%, Tamil Nadu – 40%; and  Union Territory of Pondicherry – 5%. The expenses  

pertaining to Member representing a State shall be borne by  the State concerned.  

(ii) The cost of maintaining, operation and controlling of  gauging and other hydrological systems for communicating  data shall be borne by the State concerned. The cost of  

construction and maintenance of the storages, power  installations, diversion works, head-works and canal  

networks shall be borne wholly by the State Government in  whose territory the works are located.    

9. Powers, Functions and Duties of the Authority:  1. The Authority shall be charged with the power and  shall be under a duty to do any  or all things necessary,  

sufficient and expedient for securing compliance and  implementation of the final decision and directions of the  

Tribunal further modified by Supreme Court Order dated  16.02.2018 including:   (i)  Storage, apportionment, regulation and control  

of Cauvery waters.   (ii) Supervision of operation of reservoirs and with  regulation of water releases   therefrom with the  

assistance of Regulation Committee.   (iii) Regulated release by Karnataka, at the inter-

State contact point presently   identified as  Billigundulu gauge and discharge station, located on the  common border of Karnataka and Tamil Nadu.  

2. The Authority may constitute one or more sub- committees and assign to them  such of its functions  

and delegate such of its powers as it thinks fit.  3. In particular and without prejudice to the generality of  the foregoing functions, the  Authority shall perform inter-

alia, the following functions:  (i) The Authority at the beginning of the water year, i.e. first  

June each year would determine the total residual storage in  

the specified reservoirs. As, it is not possible to know the  amount of season-wise river flows which will be available

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during a season; it will be assumed that the inflows will be  according to 50% dependable year (yield 740 TMC). The  

share of each State will be determined on the basis of the  flows so assumed together with the available carry over  

storage in the reservoirs. The withdrawals will be allowed  during the first time interval of ten days of the season on the  basis of the share worked out for each party State, limited to  

the water requirements during the same period indicated by  each State by placing an indent of water demand with  Cauvery Water Regulation Committee.  

(ii) The Authority will take stock of the actual yield in the basin  at the end of the previous time interval as well as the  

utilization/releases and storage built up during the interval  and assess the trend of inflows and authorize withdrawals to  the States for the subsequent time interval accordingly. For  

giving effect to the aforesaid provision, the Authority may  have to repeat this exercise for two or more time intervals.  

(iii) The Authority shall ensure the implementation of the Award  of the Tribunal modified by the Supreme Court order dated  16.02.2018 including the carry -over storage during good  

year and the water releases for environmental purposes. The  Authority through the Regulation Committee and with the  help of CWC, and other Central/State organizations as  

necessary will identify situations of distress in the basin.  Distress caused by diminution of water flows during the  

period will be shared by the party States after the distress  conditions and their extent is determined by the Authority,  keeping in view water shares allotted to parties.  

(iv) The following important reservoirs in the basin namely:  Banasurasagar in Kerala, Hemavathy, Harangi, Kabini and  Krishnarajasagara in Karnataka and Lower Bhavani,  

Amaravathy and Mettur in Tamil Nadu shall be operated in  an integrated manner by the concerned State under the  

overall guidance of the Authority for each ten day period  throughout the year to meet the seasonal water  requirements of the various States for irrigation, hydro-

power generation, domestic and industrial uses etc. The  remaining quantities of the surplus water shall be conserved  

as far as possible and spillage of water shall be reduced to  the minimum.  

(v) The Authority shall maintain an account of cropping pattern,  

area cropped and area irrigated for each party State. The  Authority shall also maintain an account of domestic and  industrial water usage by each party State.  

(vi) The Authority is to set up a well-designed communication  network in the Cauvery basin for transmission of data and a

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computer based control room for data processing to  determine the hydrological conditions including distress, if  

any. For this purpose, it may utilize the latest technology.  For operational purposes, this work may be entrusted by the  

Authority to CWC or any other Central/State Government  organization.  

(vii) At the start of irrigation season i.e. 1st June of every year, all  

the party States through their representatives in the  Authority shall submit an indent for the supplies required by  them at each reservoir site (capacity 3 TMC and above) for  

the  month of June broken in 10 daily intervals. The  Authority will examine reasonableness of the indents  

keeping in view the cropping pattern and extent of area to be  irrigated and order releases keeping in view the overall  ceiling prescribed by the Tribunal and modified by the  

Supreme Court Order dated 16.02.2018 for the month after  determining the available carry-over storage and taking into  

consideration the likely inflows during the month. The  Regulation Committee shall release water on ten daily bases  as ordered by the Authority.  

In case of deficiency in the water availability during any  month as reported by the Regulation Committee, the  Authority will consider reduction in the indent of the parties  

in proportion to the quantities allocated to each State by the  Tribunal as modified by the Supreme Court order dated  

16.02.2018 for the designated crops.    The Regulation Committee shall keep a watch on the actual  

performance of the monsoon during each ten daily interval  

and report position to the Authority indicating therein the  extent of variation from the normal. The Authority on receipt  of such information will consider any change in the release  

ordered by them earlier. Similar exercise will continue as the  monsoon progresses during the succeeding months till the  

end of the water year i.e. 31st May of every year.   (viii) The Authority has to ensure that the State Governments  

should construct proper hydraulic structures at all  

important anicut sites in the basin with provision of  appropriate regulation mechanism. Besides, regular  

monitoring of the withdrawals at such diversion structures  on the part of the State would be necessary.  

(ix) The Authority may direct party States to furnish data in  

respect of carry-over storage in reservoirs, including inflows  and outflows, rainfall data, the area irrigated and water  utilized.  

(x)  The Authority shall arrange collection of data for important  rain gauge stations maintained by Indian Metrological

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Department (IMD)/ Central Water Commission (CWC)/States  in the Cauvery basin; as also inflow data measured at  

important nodal points on the Cauvery river system through  the Cauvery Regulation Committee which will suitably  

compile the rainfall data for different monsoon seasons along  with the inflows measured at different sites.  

(xi) the Authority or any Member or any representative thereof  

shall have power to enter upon any land or property upon  which any hydraulic structure or any work of gauging or  measuring device has been or is being constructed, operated  

or maintained by any agency in the Cauvery basin  (xii) To hold and dispose of property, enter into contracts, sue  

and be sued and do all such acts as may be necessary for  the proper exercise and discharge of its jurisdiction, powers  and functions.  

(xiii) To construct or make direction to construct additional  gauging stations to the States concerned with the assistance  

of Central Government and CWC for implementing the  decision of the Tribunal.  

(xiv) If the Authority finds that any Government of the party  

States namely Tamil Nadu, Kerala, Karnataka and Union  Territory of Pondicherry do not co-operate in implementing  the decision/direction of the Tribunal, it can seek the help of  

the Central Government for implementation of the Award  of the Tribunal as modified by the Hon’ble Supreme  

Court order of 16.02.2018.  (xv) If any delay/shortfall is caused in release of water on  

account of default of any party State, the Authority shall  

take appropriate action to make good the deficiency by  subsequently deducting indented releases of that party  State.  

(xvi) The Authority will advice the party States to take suitable  measures to improve water use efficiency, by way of  

promoting micro-irrigation (drip and sprinkler), change in  cropping pattern, improved agronomic practices, system  deficiency correction, command area development etc.  

(xvii) The Authority will advice the party States to adopt efficient  technologies for water conservation and preservation.  

(xviii) The Authority shall comply with directions with respect to  composition, establishment and administration that the  Central Government may provide time to time.  

(xix) The Authority may delegate such of its power, as it thinks fit  to Cauvery Water Regulation Committee.  

10. Annual Report of the Authority:

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The Authority shall prepare and transmit to each of  the four parties as early as possible in any case before 30th  

September of each year, an Annual Report covering the  activities of the Authority for the preceding year. The  

Authority shall make available to each State on its request  any information within its possession any time and always  provide access to its records to the States and their  

authorized representatives.     

11. Records of the Authority and their Location:  

The Authority shall keep a record of all meetings and  proceedings, maintain regular accounts, and have a suitable  

office where documents, records, accounts and gauging data  shall be kept open for inspection by the Central Government  and Government of each of the party States and Union  

Territory or their representatives at such time and under  such regulations as the Authority may determine.   

The headquarters of the Authority shall be at New Delhi.    12. Contracts and Agreements:  

The Authority shall enter into such contracts and  agreements as may be necessary and essential for the full  and proper performance of the functions and duties  

conferred or imposed on it.     

13. Financial Provision:  (i) The Government of India shall initially contribute a  sum of Rs. 2 crores (two crores only) for the functioning of  

the Authority.  (ii) All the capital and revenue expenditure required to be  incurred by the Authority shall be borne by the State  

Governments of Kerala, Karnataka, Tamil Nadu and  Union  Territory of Pondicherry in the ratio of 15:40:40:5  

respectively.  (iii) On the constitution of the Authority, the Governments of the  

State of Kerala, Karnataka, Tamil Nadu and Union Territory  

of Puducherry shall contribute Rupees two crores in the ratio  indicated in (ii) above, towards the fund of the Authority in  

the first instance; and later on make advance payments on a  quarterly basis as demanded by the Authority keeping in  view the Annual Budget of the Authority.  

(iv) The Authority shall maintain detailed and accurate accounts  of all receipts and disbursements and shall after the closing  of each financial year, prepare an annual Statement of  

Accounts and send copies thereof to the Accountant General  and concerned basin States.

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(v) The accounts maintained by the Authority shall be audited  by the Comptroller and Auditor General of India or his  

nominee, who shall certify, subject to such observation as he  may wish to make on the annual accounts of the Authority.  

The Authority shall forward to the Accountant General, the  Central Government and the concerned basin States – the  copies of the Report of the Comptroller and Auditor General  

of India and shall include the same in its Annual Report.  (vi) To perform any other function which is supplemental,  

incidental or consequential to all or any of the functions  

specified in sub-paragraphs (i) to (v) above.    

14. Decision of the Authority:   The decision of the Authority on all matters for the  purposes of implementing the award of the Tribunal as  

modified by the Supreme Court order dated 16.02.2018  including but not limited to the matters covered under  

paragraph 9, shall be final and binding on all the party  States/UT.     

15. Constructions outside jurisdiction of the  Authority:   Save and except to the extent otherwise prescribed in  

the order of the Tribunal and judgment of the Supreme  Court, the planning, construction and maintenance of the  

projects will be carried out by each State/UT Government  through its own agencies.     

II Cauvery water Regulation Committee    

1. Composition of the Cauvery Water Regulation  

Committee:  There shall be a Cauvery Water Regulation Committee with  

the following  composition:  1) Full-Time Member (Water Resources) of : Chairman    the Authority  

2) One representative each of the States of : Member    Kerala, Karnataka, Tamil Nadu and Union  

Territory of Puducherry not below the rank   of Chief Engineer.  3) One representative of IMD of the rank of : Member   

Joint Secretary  4) One representative of Central Water  : Member    Commission dealing with river gauging   

not below the rank of Chief Engineer  5) One representative of the Central Ministry : Member  

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of Agriculture & FW not below the rank of    Commissioner  

6) Secretary to the Authority :    Member Secretary     

The headquarters of the Cauvery Water Regulation  Committee shall be at Bengaluru.     

2. Functions of the Cauvery Water Regulation  Committee:   The Regulation Committee shall ensure the  

implementation of the provisions  contained in the final  order of the Tribunal further modified by the Supreme Court  

order dated 16.02.2018 in accordance with the directions of  the Authority namely:-   a) to collect daily water levels, inflows and storage  

position at each of the  following reservoirs – Hemavathy,  Harangi, Krishnarajasagara, Kabini, Mettur, Bhavanisagar,  

Amaravathy and Banasurasagar.    b) to ensure ten daily releases of water on monthly  basis from the reservoirs as  directed by the Authority.   

c) to collect data of water released from the  aforesaid reservoirs on 12 hourly basis.   d) the Authority‟s representatives at each of the  

reservoirs shall monitor proper  implementation of the  regulation instruction issued by the Regulation Committee;  

in the event of any variation, the representative shall  immediately inform the  Secretary of the Committee for  appropriate action.  

e) to collect daily water flows passing through  presently identified inter-State  contact point i.e.,  Billigundulu gauge and discharge site and keep the  

Authority  suitably informed.    f) to compile and reconcile monthly water account  

for each reservoir.    g) to collect and compile weekly information about  important rain gauge  stations of the IMD in order to be  

able to broadly assess the position of monsoon  and keep  the Authority informed about the status of the monsoon.   

h) the State representative, in-charge of the major  projects will keep the  Regulation Committee regularly  informed about the occurrence of the rainfall in  the  

commands and whether any change in the releases is  required.    i) to prepare seasonal and annual report of the  

water account and submit the  same to the Authority  as indicated below:-

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South-West monsoon season - 1st June to 15 October  

       (inclusive of fortnight of October)  

North East Monsoon season - 16th October to 31st   

 January  

Hot weather season   - 1st February to 31st May  

   3. Meetings of the Regulation Committee:  

1) The Regulation Committee shall meet once in ten days  during the months of  June and October when the  

southwest and northeast monsoon set in; after  the  monsoon has set in, the meeting will be held at least once a  fortnight  but the Committee shall have the powers to  

convene meetings as often as  necessary. In the case of any  emergency situation, a minimum of 48 hours  notice shall  be given for holding a meeting.   

2) In case, the State which is likely to be affected is not  represented in the  meeting, then the possibility of  

calling another meeting will be examined by  the  Committee.    Provided that if the situation is such that it is not  

possible to delay taking a  decision, then the Committee  may decide the issue by majority vote even in  the absence  

of representative from the affected State.   3) The quorum for meeting of Regulation Committee shall  be six Members.  

4) All the Members including the Chairman and Member  Secretary of the  Committee shall have voting right; the  Chairman shall also have a casting  vote.   

           Sd/-         U.P. Singh  

      Secretary  Ministry of Water Resources,  River Development & Ganga  

Rejuvenation, Govt. of India  New Delhi-110001.”  

13. As aforementioned, the comments on the draft corrected  

scheme are mainly at the behest of State of Karnataka and  

State of Kerala. No suggestion has been offered by the State of

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Tamil Nadu to the corrected draft scheme, except to submit  

that the implementation of the scheme should be with utmost  

dispatch in consonance with the Award, as modified by this  

Court, in its letter and spirit.  He submitted that there is  

distress situation in the State of Tamil Nadu due to scarcity of  

water which can be remedied to some extent by the effective  

implementation of the scheme.   

 14. After hearing the parties, we are of the considered  

opinion that the suggestions/objections of the State of  

Karnataka and State of Kerala are devoid of merit.  The fact  

that the subject of water, that is to say, water supplies,  

irrigation and canals, drainage and embankments, water  

storage and water power, forms part of Entry 17 of List II of  

the Seventh  Schedule to the Constitution, cannot be the basis  

to whittle down the efficacy of the Award passed by the  

Tribunal and as modified by this Court and, in particular, the  

scheme to ensure smooth, effective and efficient  

implementation of the Award of the Tribunal, as modified by  

this Court. The draft scheme has been formulated singularly

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for that purpose and the same will have to be taken forward to  

its logical end in accordance with law with promptitude.   

15. Reverting to the specific grievance with regard to clauses  

9(3)(i) and 9(3)(vii), the argument is that the same would  

compel the States to furnish/place an indent for the supplies  

required by them on each reservoir site. That is wholly  

unnecessary as the Award passed by the Tribunal quantifies  

the volume of river water to be shared and apportioned  

between the States. This objection does not commend us  

inasmuch as the necessity to furnish/place an indent of water  

demand and about the total water reservoir is to work out the  

quantity of river water to be released during the relevant  

period in consonance with the proportion specified in the  

Award as modified by this Court and, in particular, on the  

principles delineated in the decision of this Court under Point  

No. X about the method and manner of apportionment to be  

followed. That is to further the rights of the States/U.T. for  

just and reasonable use of water from the allocable water on  

equitable basis and not to impinge upon their rights and

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moreso for smooth and effective implementation of the Award  

as modified by this Court.   

16. Coming to the suggestion/objection in reference to clause  

9(3)(iii) of the draft scheme, reliance has been placed on the  

recommendation made by the Assessors to the Tribunal  

forming part of the report of the Tribunal.  The Assessors had  

advised that 10 TMC each as carry-over storage in the  

reservoirs of the two States may be provided to take care of  

any delay in onset of South-West monsoon. That may be the  

recommendation of the Assessors but the allocation and  

distribution of river water will have to be in full conformity  

with the Award as modified by this Court and as  

aforementioned on the principles of apportionment to be  

followed as delineated in Point No. X of the judgment of this  

Court.   

17. Needless to observe, we cannot allow the parties to  

reopen the issues already settled in the Award and as modified  

by this Court, indirectly in the guise of questioning the  

appropriateness of clause 9(3)(iii) in the draft scheme.  The

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Authority constituted under the scheme will be bound by the  

contours regarding apportionment of river water in terms of  

the Award as modified by this Court and while doing so, is  

expected to take into account all factors that may be relevant  

at the given point of time, including to identify the situation of  

distress in the basin caused due to identifiable factors before  

quantifying the water quantity for being released or allotted to  

the party States/U.T. for the relevant period.   

 18.   We appreciate the stand taken by Mr. Nambiar, learned  

senior counsel appearing for Union Territory of Puducherry,  

that the Authority cannot be expected to issue directions  

mechanically and that the Authority must have complete  

power to enforce its directions so as to comply with the Award,  

as modified by this Court, in its letter and spirit, concerning  

the apportionment of water between the party States/U.T.  We  

say no more.       

 19. Considering the fact that the Union of India has already  

formulated the draft scheme and has also offered explanation  

in I.A. No.47065 of 2018 and the affidavit filed on 7th May,

27    

2018 in M.A. No.934/2018 about the reasons which were  

beyond the control of the appropriate authority dealing with  

framing of the scheme, we do not wish to continue the  

contempt action any further. For the same   reason, the  

directions sought in I.As. filed by the concerned party also  

need not detain us. For, the corrected draft scheme is in  

consonance with the dictum and directions in the Award as  

modified by this Court and also in conformity with Section 6A  

of the 1956 Act. The draft scheme ought to be taken forward to  

its logical end in accordance with law with utmost dispatch.     

20. In view of the above,  we dispose of all the I.As., M.As.  

and the contempt petitions by this common order, on  

accepting the assurance given on behalf of the Union of India  

that the draft scheme will be taken to its logical end in  

accordance with law, with utmost dispatch. We hope and trust  

that the draft scheme reproduced in paragraph 12 above, is  

notified in the Official Gazette and given effect to with  

promptitude before the onset of the impending monsoon.   

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21. Accordingly, all the I.As., M.As. and the contempt  

petitions are disposed of.    

.………………………….CJI.  

     (Dipak Misra)   

…………………………..….J.                (A.M. Khanwilkar)  

…………………………..….J.               (Dr. D.Y. Chandrachud)  

New Delhi;  

May 18,  2018.