Sr Adv Jaideep Gupta: the plea before you is the Joe Joseph vs State of Tamil Nadu. Parties have resolved differences apart from what height has to be maintained and what height should be of the reservoir level so that Tamil Nadu can draw some water
Sr Adv Jaideep Gupta: As per the rule curb prepared by state of kerala it indicates the levels which has to be maintained at different dates ... this takes into account the rainfall which has taken place for several years.
Gupta: Though monsoon is over, Kerala and Tamil Nadu has started to receive the north east monsoon and will continue to receive till Nov end.
Gupta: If the level is 142 already, then reservoir will not be able to take more and then gates will be opened. It will flow down stream.. down stream is kerala and up stream is Tamil Nadu
Gupta: I seek some time to respond to the report in a complete way so that rule curb is determined in some different way. But today it is an emergent hearing... since we talked about keeping it at 139 till Nov 10 then there is nothing further to seek till then.
Gupta: If the rainfall also goes on till then the danger increases. till the matter is heard next, i urge you to keep the level at 139 till November 10 .. this is as per their rule curb too.
SC: According to Kerala, it is 139.50...
Gupta: we have showed you an order where it was kept at 139.99... if it can be kept till 139.50 till Nov 10
Sr Adv Shekhar Naphade for Tamil Nadu: we have no problem to keep it at 139 till November 10. The whole attempt of Kerala is to somehow bring it to 142 and that is why there are applications every year.
SC: Supervisory committee technical matters we cannot enter
SC: We will go by supervisory committee and it is 139.50 and that can continue till next day and we can have it on November 11, 2021 or Nivember 16, 2021
Naphade: let it be Nov 11
Gupta: I dont want to ask a later date otherwise my friend will impute a motive to me
SC: Ok, then we will post it to Nov 11 to enable state of kerala to file a better affidavit specially to deal with the issue of rule curb and the correct approach
Matter adjourned to November 11, 2 pm
SC: State of Kerala to file an affidavit by Nov 8. It has been agreed that parties for the time being will abide by the water level suggested by the Supervisory committee (139.50). It will be open to the committee to review its decision on hourly basis
Adv Wills Mathew: there is something i want to say....
SC: one issue is rule curbs, once that is resolved, other issues will be resolved. everytime you don't have to argue
Wankhede counsel: No consent has been taken from the State. If Mumbai Police arrest me today, which is my apprehension, milords will not wait till the State flouts my rights.
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