Inter-State River Water Disputes Act Invoked as Negotiations Fail Between Tamil Nadu and Karnataka
In a landmark decision, the Supreme Court of India has directed the Central Government to constitute a tribunal to adjudicate the ongoing water dispute between the States of Tamil Nadu and Karnataka over the Pennaiyar River. The decision comes after prolonged negotiations under the aegis of the Central Government failed to yield a resolution, compelling Tamil Nadu to seek judicial intervention.
The case, titled "State of Tamil Nadu v. State of Karnataka," was heard under the original jurisdiction of the Supreme Court as per Article 131 of the Constitution of India. Tamil Nadu alleged unilateral construction of dams and diversion structures by Karnataka on the Pennaiyar River, affecting the water flow to Tamil Nadu. This, they claimed, violated the rights of Tamil Nadu's inhabitants and breached the historical 1892 agreement between the erstwhile states of Madras and Mysore.
Despite multiple attempts at negotiation facilitated by the Central Government, no consensus could be reached. The Supreme Court noted the statutory obligation under the Inter-State River Water Disputes Act, 1956, which mandates the constitution of a tribunal when negotiations fail, as interpreted in the precedent case "T.N. Cauvery Neerppasana Vilaiporulgal Vivasayigal Nala Urimai Padhugappa Sangam v. Union of India."
The bench, comprising Justices Vikram Nath and N.V. Anjaria, emphasized the necessity of a tribunal to ensure fair adjudication of the dispute, adhering to the statutory framework of Sections 3 and 4 of the Inter-State River Water Disputes Act, 1956. The Central Government has been directed to constitute the tribunal within one month, ensuring that all issues, including reliefs, are adjudicated comprehensively.
This decision reinforces the statutory requirement for tribunal adjudication in unresolved inter-state water disputes, setting a significant precedent for future conflicts. The tribunal will have the authority to consider all claims and defenses, potentially impacting water management and inter-state relations significantly.
Bottom Line:
Inter-State River Water Dispute - Constitution of Tribunal mandatory under Section 4 of the Inter-State River Water Disputes Act, 1956, if negotiations fail.
Statutory provision(s): Inter-State River Water Disputes Act, 1956, Sections 3 and 4; Constitution of India, Article 131
State of Tamil Nadu v. State of Karnataka, (SC) : Law Finder Doc id # 2848438
