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Friday, July 11 1997

Yet another PM's effort to mediate in Cauvery issue

B S Nagaraj

NEW DELHI, July 10: Prime Minister I K Gujral today indicated that a meeting of the chief ministers of Karnataka and Tamil Nadu would be convened to settle the dispute between the two States on the Cauvery water issue.

Reacting to the request of an all-party delegation from Karnataka led by Chief Minister J H Patel to keep the constitution of the Cauvery River Authority in abeyance till the Cauvery tribunal disposed of the case, Gujral said he would have to discuss it with Tamil Nadu Chief Minister M Karunanidhi. Karnataka, which has rejected the proposed authority, suggested to the prime minister that the Attorney General should be asked to inform the Supreme Court about the pendency of the case before the tribunal which they said was reason enough why the authority should not be constituted.

The delegation told Gujral that Karnataka's case was that the proposal was neither in conformity with the spirit of the interim award nor in terms of the SC's observations in April and that such an authority with enormous and arbitrary powers was not called for.

Karnataka's application seeking modification of the interim order under which TN should be given 205 tmc of Cauvery water a year is yet to be disposed of.

Gujral told Patel that he would consult legal experts on the suggestion. He also said that if his intervention failed, constitutional means would be adopted to settle the issue without jeopardising the interests of either state.

While Karnataka leaders were optimistic about the success of Gujral's promised intervention, it remains to be seen how TN will react to the development. TN had welcomed the Centre's draft notification proposing the constitution of the Cauvery authority.

Several rounds of bilateral talks have been held earlier to come to an amicable settlement but without success. TN later approached the apex court which directed the Centre to frame a scheme to give effect to the tribunal's interim order.

Though Patel told reporters that Karnataka had rejected the proposal to set up the authority, indications are that it would agree to it once the ``adverse'' clauses in the notification are removed. He is also likely to officially write to the Prime Minister to this effect.

The change in stance -- the all-party meeting in Karnataka had rejected the proposal outright -- came about after a virtual dressing down the all-party delegation got from Fali S Nariman, the State's legal counsel handling the case.

Before meeting Gujral, Karnataka politicians met Nariman who disapproved of the State's position on the issue, saying such extreme measures would only adversely affect its interests and would invite the wrath of the Supreme Court which could pass an injunction and strictures against it. He told the leaders that if Karnataka went ahead with its stand, it would amount to going against the Constitution. In the memorandum submitted to Gujral, Karnataka listed out its objections against certain clauses in the draft notification. It described the provision to empower the authority to take over the regulation of the reservoirs and other structures as a ``blatant violation of the rights of the State.'' It also stated that the restriction on Karnataka on taking up new projects without a corresponding restriction on Tamil Nadu was discriminatory.

Copyright © 1997 Indian Express Newspapers (Bombay) Ltd.

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