State, Centre get High Court notice over Water Act

State, Centre get High Court notice over Water Act

The High Court on Thursday issued notice to the state and Union governments in connection with two petitions challenging Section 6(2) of the amended Inter-State Water Disputes (ISWD) Act.

BENGALURU: The High Court on Thursday issued notice to the state and Union governments in connection with two petitions challenging Section 6(2) of the amended Inter-State Water Disputes (ISWD) Act.

According to Section 6(2), the decision of the Tribunal, after its publication in the official gazette by the central government under Sub-section (1), shall have the same force as an order or decree of the Supreme Court. The amendment was brought to the ISWD Act to insert Section 6(2) on August 6, 2002.

The petitions were filed by M Nagaraju, a farmer from Kirugavalu village in Mandya district, and Prof B Shivalingaiah, former chairman of Karnataka State Pollution Control Board and a resident of Tavaregere in Mandya district.

Hearing the petitions, Justice A S Bopanna ordered the state and Centre to file their responses.

A senior counsel, representing a petitioner, argued that Section 6(2) has aggravated the situation over the Cauvery water dispute resulting in localised agitations affecting public property and loss of lives in both the states -- Karnataka and Tamil Nadu.

The counsel contended that the amendment was brought in during the pendency of the reference before the Cauvery Water Disputes Tribunal owing to pressure exerted by the Dravida Munnetra Kazhagam of Tamil Nadu, which was an ally of the then central government.

He further argued that the amendment has prejudiced the right of the petitioner to get water and also challenges the award by the state of which he is the inhabitant.

“Since the said amendment places the award of the Tribunal on par with the order, judgment and decree of Supreme Court, challenge of the award is likely to create hurdles by way of a judicial review,” the counsel argued.

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