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On 27.9.2016, while dealing with I.A. Nos.15 and 16 of 2016, this Court has directed as follows :

“Having heard Mr. Shekhar Naphade, learned senior counsel appearing for the State of Tamil Nadu and Mr. Fali S. Nariman, learned senior counsel appearing for the State of Karnataka and deliberating further, we inquired from Mr. Mukul Rohatgi, learned Attorney General for India what could be the possible solution in such a situation. We have asked for this not because this Court cannot adjudicate or pass appropriate orders in accordance with law to maintain and sustain the rule of law and majesty of law which are elan vital of our constitutional law, but prior to that we have thought it appropriate that there has to be discussion regard being had to the conceptual federalism prevalent in our democratic body polity.
Mr. Mukul Rohatgi, learned Attorney General has submitted that the Union of India is prepared to facilitate so that the impasse between the two States can appositely melt. Mr. Fali S. Nariman, learned senior counsel appearing for the State of Karnataka has submitted that the Executive head of the State of Karnataka, as suggested by Mr. Rohatgi, shall be available for discussion with the competent authority of Union of India to be suggested by the Attorney General for India. Mr. Shekhar Naphade, learned senior counsel for the State of Tamil Nadu also expressed his consent. As Mr. Mukul Rohatgi, learned Attorney General prays for some time to have the discussion and facilitation of process, we are inclined to adjourn the matter to 2.00 p.m. on 30th September, 2016 Be it noted, though there is some grievance with regard to non-compliance of the earlier orders passed by this Court, we are not entering into the said facet today. However, we direct the State of Karnataka to release 6000 cusecs of water from tomorrow i.e. 28th September, 2016. We are sure that the State of Karnataka shall obey the order without any kind of impediment, obstruction or any other attitude till we take up the matter on 30th September, 2016. Needless to say, the water that has been released will be adjusted in the eventual adjudication. Mr. Nariman has submitted that there will be difficulty on the part of the State of Karnataka because of the resolution passed. The water shall be released despite the resolution that has been brought on record vide Annexure-IV to I.A. No.16 of 2016. We have issued this direction keeping in mind the deliberation that has taken place and, therefore, we think it appropriate that the State of Karnataka shall follow the order passed by us. We ingeminate and repeat at the cost of repetition that the direction for release of water has been passed for the coming three days despite the resolution passed.” The matter was adjourned to 30.09.2016 on which day, the following order came to be passed :
Yours sincerely, (Fali S. Nariman)” We must appreciate the stand taken by Mr. Nariman. We must unhesitatingly state that this behoves the officer of the Court in the highest tradition of the “Bar”.
Mr. Shekhar Naphade, learned senior counsel appearing for the State of Tamil Nadu, in his turn, has submitted that he does not intend to argue further, for any order that is passed by this Court is possibly not going to be obeyed by the State of Karnataka.
I am further instructed to state that:
(a) today i.e. 4th October, 2016 before the day is out an additional 12,000 cusecs of water will stand released; and
(b) by tomorrow (5th October, 2016) a further 12,000 cusecs of water will get released.

I am now in a position to submit on behalf of the State of Karnataka that by 11.00 p.m. on 6th October, 2016 and aggregate quantity of 36,000 cusecs of water will stand released.” It is urged by Mr. F.S. Nariman, learned senior counsel appearing for the State of Karnataka that as there has been compliance of the order and there is a commitment to comply till 6.10.2016, he should be allowed to argue the matter. Mr. Shekhar Naphade, learned senior counsel for the State of Tamil Nadu submitted that the flow of supply should be maintained and the deficit should be made good within a definite period of time.