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State of Tamil Nadu v. State of Karnataka & Others

Supreme Court of India · 21 March 1997

Court
Supreme Court of India
Decided
21 March 1997
Bench
Cji, S.B. Majmudar, B.N. Kirpal
Length
3 pages
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PETITIONER:
STATE OF TAMIL NADU
Vs.
RESPONDENT:
STATE OF KARNATAKA & OTHERS
DATE OF JUDGMENT: 21/03/1997
BENCH:
CJI, S.B. MAJMUDAR, B.N. KIRPAL

ACT

HEADNOTE

JUDGMENT

WITH I.A. NO. 6 OF 1996

ORDER

By judgment dated 4.5.1990 in Writ Petition No. 13347 of 1983, this Court directed the Central Government to notify in the official gazette the constitution of an appropriate Tribunal for the adjudication of water dispute between the plaintiff and the defendants.

By Notification dated 2.6.1990, a Tribunal namely; Cauvery Water Disputes Tributes Tribunal (hereinafter referred to as ’the Tribunal’) was constituted for adjudicating the water disputes regarding the inter State river Cauvery and the river valley thereof. after the said Notification, interim application was filed by the plaintiff before the Tribunal praying for the following reliefs:

(a) direct the State of Karnataka

not to impound or utilise water of

Cauvery river beyond the extent

impounded or utilised by them as on

31.5.1972, as agreed to by the

Chief Ministers of the basin States

and the Union Minister for

Irrigation and Powers, that day;

and

(b) pass and order of injunction

restraining the State of Karnataka

from undertaking any new projects,

dams, reservoirs, canals, etc.,

and/or from proceeding further with

the construction of projects, dams,

reservoirs, canal etc., in the

course of River Cauvery or its

tributaries except with the consent

of Tamil Nadu or with the specific

directions of this Hon’ble

Tribunal; and

(c) pass such further or other

orders as this Hon’ble Tribunal may

be pleased to in the interest of

justice.

By order dated 5.1.1991, the Tribunal dismissed the aforesaid application as in its opinion, it could not decide the disputes not referred to it including the dispute regarding grant of interim relief. The plaintiff, thereafter filed Civil Appeal Nos. 303-304 of 1991 against the said order. This Court by judgment dated 26.4.1991 set-aside the aforesaid decision of the Tribunal and directed it to decide afresh the interim application on merits.

The Tribunal on 25.6.1991 passed interim orders, inter alia directing the State of karnataka to release water from its reservoirs in Karnataka so as to ensure that 205 TMC of water was available in Tamil Nadu’s Mettur Reservoir in a year from June to May. In that year, the order was to be effective from 1.7.1991. It also directed the following manner:

June 10.16 TMC December 10.37 TMC

July 42.79 TMC January 2.51 TMC

August 54.72 TMC February 2.17 TMC

September 29.93 TMC March 2.40 TMC

October 30.17 TMC April 2.32 TMC

November 16.05 TMC May 2.01 TMC

The present suit was instituted by the plaintiff on 14.5.1992 principally seeking the enforcement of the Tribunal’s interim order dated 25.6.1991. By order dated 7.9.1995, this Court framed the following issues:

"(1) Whether in view of the

provisions contained in Article 262

of the Constitution of India and

Section 11 of the Inter-State Water

Disputes Act, 1956, the suit is not

maintainable?

(2) Whether, a suit for enforcement

of and interim order of the Inter-

State Water Disputes Tribunal

(constituted under the Inter-State

Water Disputes Act, 1956) is a suit

relating to a water dispute? If

yes, what is its effect?

(3) Whether, the jurisdiction of

this Court under Article 13 of the

Constitution of India cannot be

invoked unless the Cauvery Water

Disputes Tribunal has recorded a

finding the there has been a

violation of its order dated

25.6.1991 and/or 3.4.1992?

(4) Whether, by the order dated

3.4.1992 the Cauvery Water Disputes

Tribunal can be said to have

modified its order dated 3.4.1992

the Cauvery Water Disputes Tribunal

can be said to have modified its

order dated 25.6.1991 under Section

5(3) of the Inter-State Water

Disputes Act, 1956? If Yes, what is

its effect?

(5) Whether, it is open to the

State of Karnataka to unilaterally

reduce the monthly release of water

required to made as per the order

dated 25.6.1991 red with order

dated 3.4.1992 under ’distress

clause’ stated to have been

provided by the Tribunal?

(6) Whether, the plaintiff is

entitled to all of any of the

reliefs claimed in paragraphs a.b

and c of the plaint?

(7) What order?"

The parties did not desire to lead any oral evidence and the suit was set-down for hearing.

During the pendency of this suit, the Court was informed the efforts are being made to bring about an amicable settlement between the parties. However, no information is available with regard to the final outcome of the efforts in this behalf. Inasmuch as the suit is being referred to Constitution Bench, it is possible that in the meantime, an amicable settlement may be arrived at.

Having considered the submissions urged on behalf of both the parties, it appears to us that this suit involves substantial question of law as to the interpretation of the Constitution and, therefore, it will be appropriate if this suit is heard and decided by a Constitution Bench of this Court. Ordered accordingly.

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