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chethana urs   21 September 2016

Inter state water issue

Respected sir,as you are aware of present cauvery issue and judgements given by supreme Court. Being the common man of karnataka we do not know about the constitutional acts regarding this issue.please advise any further legal steps can be taken as a common citizen to save our drinking water


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 72 Replies

adv.bharat @ PUNE (Lawyer)     21 September 2016

Chetena ji water is basic necessity of every human being. Water is natural resource on which no body can claim sole right. As citizen of India all person in the vi9cinity of that river had right to use that water for their own purpose at the same time they never miss use it or waste it or pollute it since other person had EQUAL right to use it.

Latest judgement of the Honerable court is in favour of all citizen of India. It is natural tendency of human being that they were not ready to share their resources with other.

If u like my suggesation then give THNAK on my profile.

adv.bharat @ PUNE (Lawyer)     21 September 2016

Chetena ji water is basic necessity of every human being. Water is natural resource on which no body can claim sole right. As citizen of India all person in the vicinity of that river had right to use that water for their own purpose at the same time they never miss use it or waste it or pollute it since other person had EQUAL right to use it.

Latest judgement of the Honerable court is in favour of all citizen of India. It is natural tendency of human being that they were not ready to share their resources with other.

If u like my suggesation then give THNAK on my profile.

chethana urs   21 September 2016

Bharat ji,I agree but purpose of water is more important here.our present situation is very worse we are asking water for drinking purpose..on the other side they are asking for agriculture purpose for future crops.all we all know that drinking water is basic necessity than agriculture.

chethana urs   21 September 2016

Bharat ji,I agree but purpose of water is more important here.our present situation is very worse we are asking water for drinking purpose..on the other side they are asking for agriculture purpose for future crops.all we all know that drinking water is basic necessity than agriculture.

Vijayashankar (Director)     21 September 2016

I would like to know the opinion of the community on the conflict issues involved when a past lawyer of the CM of a state like TN is the judge of the bench that gives its decision which appears to be more favourable to TN than what a technical committee tries to assess? ..and also of the advocate of the CM of one state representing the other state. Will such things add to the credibility of the judgement or introduce elements of doubt on the fairness of the Court?

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     21 September 2016

The Cauvery issue is not peculiar to Karnataka and Tamilnadu only. There are several rivers in the world which flow through several countries. For instance the river Danube rises in the Alps in Switzerland, flows through Austria, Hungary and Rumania and joins the Black Sea. The countries in the upper reaches of the river are at a natural advantage. That does not mean that those countries  can control the river at their own sweet will. The countries through which a river flows are called riparian countries. And the rights on the water of each country is based on the arable land and drinking water needs etc.of each.  At times when the rivers are full there will be no problem. But at times of scarcity the proportion in which the waters are to be shared are governed by what are called riparian laws and principles which are well established and there are international treaties based on them. For instance how waters of the tributaries of the river Indus are to be shared between India and Pakistan are governed by the Indus water treaty agreement. India is on the upper reaches of the river. But India cannot control the flow to Pakistan to satisfy their own needs. India cannot increase their arable land and appropriate more water to themeselves. The river Ganga branches into two. One called Padma flows through Bangladesh. The other is called Hoogly and it joins the sea through India. There is a barrage at Farakka to divert water from Padma to Hoogly. India wants to divert more water to Hoogly to solve the silting problem in Hoogly which is a navigable river. But they cannot do it at their will because Bangladesh will object

There is much more cultivable land in Tamilnadu than in the hilly regions of Karnataka. The dams for irrigation in Tamilnadu are centuries old. They are mud dams called anicuts. The needs of Tamilnadu are much more than that of Karnataka and there was no problem for centuries. Gradually with advancement of technology Karnataka started bringing more and more land into cultivation. Before independence Tamilnadu was part of the Madras Province under the British. Karnataka was Mysore State under a Maharaja. Karnataka started using more and more water for irrigation. Krishnarajasagar was an example. When the needs of Karnataka increased the British intervened. There was a Cauvery Water Treaty between the British and the Maharaja regarding the sharing of the waters. The treaty continued for several decades even after independence. It expired a couple of decades ago. The problems started after that only. Karnataka is refusing to enter into a fresh treaty or an award. Whenever there is scarcity, problems erupt. If riparian problems can be solved between independent countries can they not be solved within the same country?  Independent experts belonging neither to Tamilnadu nor to Karnataka can requested to advise both the States. If Karnataka needs drinking water they can divert their own waters from their own irrigation. Drinking water is only a ploy.

Democratic Indian (n/a)     23 September 2016

The matter is related to riparian laws and fair use doctrine. The position of Tamil Nadu is strong because it is a matter of "inter-state" river. Articles 262(1) and 281(1) of the Constitution come to Tamil Nadu's help subject to fair use doctrine. Fair use doctrine is equally applicable to Karnataka. Parliament can step in to help pass required legislation.

 

But when the river is not inter-state then it is a matter of Article 289(1) read with State List entry 17. State List entry 17 is taking about rivers that are not inter-state. Thus artificially siphoning off water from a State, for example from Punjab to non riparian states like Rajasthan, Haryana, Delhi and on top of it also not paying the due price of water is injustice and thus violation of Articles 21, 289(1) read with State List entry 17.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     23 September 2016

Finally it boils down to politics. Karnataka has so far been mostly ruled by one of the two national parties and their policies are based on vote bank politics. Hence both favour Karnataka. Tamilnadu is always ruled by either of the two State parties. The national parties are not even remotely hopeful of coming to power there. The fair use principle is based both on history and geography. Whereas geographic situation may not change the historical situation can change with time when present becomes past.

Sh. P Suresh (For To By Green Kindness Perpetuity Selfsustainability Always)     24 September 2016

# 11

24.9.16

PLEASE FIND BELOW, A SOLUTION. NOTHING IS BEING SAID BEYOND WHAT HAS BEEN EXPRESSLY RECORDED. CLARIFICATIONS ETC WILL BE PROVIDED IF BROUGHT OUT APTLY. NO ATTRIBUTES MAY BE ATTACHED. IT BE NOTED THAT BELOW HAS TAKEN QUIET A LOT OF HARD WORK & IT IS BEING SHARED AT THIS NICK OF THE MOMENT IN THIS OPEN MANNER WITH NO ASSURANCE OF ANYTHING JUST OUT OF PURE LOVE TO THE PEOPLE, COUNTRY, MANKIND, GOD. THIS SOLOUTION WILL WORK THE TECHNOLOGY WAY & NOT POLITICAL WAY AROUND. THE PLAN IS ROBOST. IT S UPTO COLLECTIVE WISDOM TO RENDER IT A SHAPE. IF CALLED IN, THE PROJECT WOULD BE HEADED.

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Same things have been going on since ages & most well meaning families of the areas (TN, K'taka, even other states around) who do not have political support & depend on their skills, ingenuity, sweat have all got affected so much so that they started leaving their places 40-50 years ago & has not stopped till date. If Cauvery etc issues does not happen / stops, politics will fall off.

 

Water shortage is not everything. A Chennai-Vellore-Ambur-Vaniyambadi (CVAV) water project has been drafted & can be put across to the SC committee if apt opportunity gets presented. The CVAV may not be the final word in the national issue, but rest assured that it is in fine fettle & worthy of being presented before a SC committee. The SC could evaluate it transparently for worthiness, practicality etc. Some moderations would then make it a very very suitable, perpetually possible solution. That will solve much of the water problem, THE COMMERCIAL WAY AROUND. But this self-sustainable solution can sustain only along with  a series of hard decisions, APOLITICAL steps:

 

1. Bengaluru is not an agrarian zone. But it gets Cauvery water on several phases/stages on 24 hour basis. The SC should come up with a strong Order & stop Cauvery to the tech savvy Bengaluru (150 Km from Mysuru) & all such cities. – This is where the CVAV project could play a major role. CVAV project had been conceived for the roughly 200 km CVAV belt. Add another 150 Km & reach it to Bengaluru itself. The whole project can come up in roughly 4-5 years! Well, technology will solve the issue. But the fear is with politics, especially at the macro & the micro level. It be known that MLAs, MPs, MLCs, Chairmen of various bodies, etc etc etc of both, in fact even other states are all VVVIPs & have candidates for Gvt jobs. Even sportspersons/organisations etc fan in democracy this & that & work up some politics or the other for their candidates. This strange politics is the most grey area, most lethal one. THAT POISON HAS TO GO & strong steps need be taken impartially, impassionately irrespective of who, what & should essentially involve the high offices.

 

2. Give agriculture based lifestyle its dues & enable the families pan India, specially in Tamil Nadu, Karnataka, Puducherry to earn their livelihoods, rather thrive happily off their lands, sweat & not on Gvt jobs to kith & kin. – Thus, all the MLAs, MPs, MLCs etc job quotas in PSUs, Gvt rolls be stopped forthright. – All students who graduate out, be it ITI, Polytechnic, Engg. College, including prestigious Science premiers, technology premiers BE GIVEN MONEY (Not any tit bits, few Lakhs) when they pass their course as a part of Gvt.’s CSR & DEFINITELY NOT Gvt jobs, whoever, whatever. The various forms of Campus recruitment etc be stopped once for all & no Gvt job be given to anyone on these lines. This upsets all the equations & the entire society, all age groups work up equations on these lines alone. There be only one means, open advertisement - exam - interview to Gvt job & NOTHING ELSE. All candidates then on, need live on rolls if they contribute, or get packed off dignifiedly. Their life cannot be made another brother/sister's botheration. This is not what democracy means, or advocates or can be made so.

 

3. In the same breathe, it is pertinent to note that the CVAV belt has got troubled because the thinking has gone on lines that leather is an industry. In actuality, the whole of the ground water has become salt, salt & the lands have become waste. Even drinking water has become an impossibility in these areas. Now, it will take quiet a lot to revive the lands. Still it can be done. But summarily, leather itself has to be de-escalated with the ultimate aim of stopping it as any commerce, product at all.Killing the honorable creatures for a this & a that, in a this or a that way not be made into any industry. Creating honorable employment opportunities, reasonably acceptable livelihoods is not that big a challenge. The policy needs change.

 

THE CVAV - B PROJECT ESSENTIALLY INVOLVES GVT INVESTMENTS. BUT, IT BE NOTED THAT IT WILL PARE WITH THE LOSES THAT ARE BEING INCURED DUE TO BURNING OF PROPERTIES. IT WOULD BE BETTER TO INVEST IN LONGTERM SOLUTION. THIS WILL KEEP REAPING BENEFITS FOR HEREDITIES TOGETHER. ALL SAID & DONE, BE SURE TO NOTE THAT THE PREREQUISITE FOR THE TECHNOLOGY BASED SOLUTION IS A POLITICAL WILL. Once the foundation is in place, issues, if any, could be deliberated & solved. Let that foundation be laid. Let apt people be given their say.

Vijayashankar (Director)     24 September 2016

The suggestion that Bengaluru need not have drinking water from Cauvery betrays the impractical thinking of people arguing for TN. 

The basic problem with Cauvery is that the Tribunal has not given a fair order and we are now trying to find an acceptable solution on this weak foundation.

I note that no body has so far replied to my query about the conflict of interest that the SC bench had in delivering its order. There is no logic in a past advocate of JJ sitting in the bench. It is an established norm that in such cases, Judges recuse themselves. If not an objection is raised by one of the parties. Neither happenned in this case. The fact that the advocate of Karnataka was also an advocate of JJ makes it clear that the process was vitiated.

It is a similar inappropriateness that went into the Tribunal giving out its order which did not take into account the possibility of draught years when water may not be sufficient for drinking purpose in the neighborhood of KRS. It is such short sighted benefits bought out by TN that is creating problems in every year of draught.

We therefore need to scrap the Tribunal award and re work the distribution in a fair manner. This will at least prevent recurrence of the problem from time to time.

Sh. P Suresh (For To By Green Kindness Perpetuity Selfsustainability Always)     24 September 2016

# 13

24.9.16

Due regard to above. 

 

Hope it is agreed that aspects have got beyond any individual's capacity & that technology has to be roped in for meaningful, longterm, perpetually possible solution. The parties could then arrive at new equations. This will take care of Bengaluru very well & as well prevent excessive of industrialisation, global warming etc pan India. India need come up with ways & means that will change the lifestyle across the globe & help enable Planet Earth sustain life perpetually. Let it be assured that enabling the tech savvy Bengaluru walk that extra mile & live on commercial water will help evolve mind boggling juggads (solutions) that cannot even be thought off. Bengaluru will then be leader in another area, a practical one, the one that is even more challenging than the technologies in itself. The saying goes: 'Necessity is the mother of all inventions'. Here, it would be a practical challenge. But, nothing need be done abruptly. The ways & means will easily take 2-3 years. Thus, the people need not be parched etc. But then, so much of industrial activity should not happen on the strength of sacred Rivers. One need visit the Vrishabhavathi (well within Bengaluru itself. This used to be a River few decades ago, but has changed eversince) to understand the sort of pollution that is happening day in & day out, all on the precious Cauvery water. There are many other pollutions as well. Bendhadhakaluru used to be called 'AC city'. But all the water bodies have all dried up today & more & more of brick & mortar are being invented even on the few that are left behind, all because these become Gvt job this or that (These get listed in gazette & becomes Gvt job. God only knows how. But that happened, is happening). That has added woes to even drinking water. 

 

The technologies itself need change. The priority areas for R&D in itself need change. If not the tech savvy, internationally renowned Bengaluru, what else could lead this change? These challenges are lots of business potentialities in the International markets. If new aspects had not been attempted, the 'Carbon credits' would never have become reality. This, today offers great business potentiality. Masala dosas, bonda-sambar, vada, rasam, idlis, uthapams, pulliogere, bisibele bath, tomato bath, curd rice, chuttney powders etc etc are run away successes across the globe. These are all technologies you know! Great life technologies indeed! 

 

WATER RELATED TECHNOLOGIES, EXPERTISE IS DEFINITELY AN ASSET & BENGALURU COULD BE THE LEADER IN SUCH TECHNOLOGIES, PRODUCTS, WAYS & MEANS. Its experts will then be hot on demand across the globe. There are lots more excitments, businesses in waiting. Thus, the deliberations be taken in the right spirit please. Let solutions happen, the sooner the better. The more the transparent, the more the democratic decision it is, the better.

 

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By the way, THIS WEEK'S news is that some hundred Kms away, the AP areas etc are inundated with floods. Thus, linking up water bodies / areas; RWH (Rain Water Harvesting); water conservation, water recycling etc also need be given apt attention.

 

All in all, the issue not be confined to the States at war on the scene, but be viewed holistically from the Indian perspective, from the mankind perspective.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     25 September 2016

Physically Karnataka controls Cauvery. They will not obey the orders of the Supreme Court, any tribunal or body. Karnataka legislature can pass resolutions unanimously. Tamilnadu legislature can also pass unanimous resolutions. But Tamilnadu can do nothing. Agricultural lands exist from time immemorial. Cities came up and grew recently. Can then the agricultural lands be deprived of water?  Anyway drinking water needs is a ploy. If Bangalore wants water why not divert it from the paddy fields in Karnata? Discussions here are in qualitative terms. This is a subject to be qunatitatively analysed and decided. Popular discussions cannot do that. Impartial people can do that. But their orders should be obeyed instead of creating upheavals and riots.

There is river called Periyar in Kerala. It rises from the Western Ghats and flows into the Arabian sea. A 100 years ago British were ruling Tamilnadu (Madras province). That part of Kerala was the State of Travancore then. A British Engineer constructed a dam on the Western side of Periyar source and diverted the water eastwards into what is now Tamilnadu. In due course cities and industries came up in Kerala. Can Kerala now demolish the dam and divert back the waters to its territory? Would Kerala have allowed such a dam to be built now?

Sh. P Suresh (For To By Green Kindness Perpetuity Selfsustainability Always)     25 September 2016

# 15

25.9.16

 

Let issues not keep bothering. Life is not eternal. Let us make it as sweat to ourselves, to others. Beating Kempegowda ji's calculations has beaten the Bendadakaluru. The people, the policies have caused it all. Demolitions, setting the clock back etc will not be possible. There be thoughts on how to deal now, hereon. Apt controls HAVE TO BE EFFECTED.

 

The technology based solution will work very well, solve the issue & perhaps cause a series of such projects / distribution companies across the Nation. (That will take a minimum of 2-3 years & will not work anything for 2016, 2017 & perhaps 2018 & a bit later too. The more the impediments, the more the time it will take). All said & done, the project be given the due thinking please. It be assured that it will cause welfare to one & all, the peaceful way around, without anyone having got to get troubled in any way.

Ms.Usha Kapoor (CEO)     27 September 2016

Henceforth all wars will be water wars. It's the life elixir. Hewnce equitable releif and  distribution of drinking water among all the  states of sharing the river water is a must. Matter is subjudice.,. Let th e Supreme Court Decide the rights oif each state,ie karnataka andTamilnadu regarding Kavery water., The precious water resource is nobody's right. It is everybodys. If you appreciate this answer please click the thank you button on this forum


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