NEW DELHI: The Supreme Court on Monday directed the Centre to constitute a Tribunal for resolving the disputes between the States of Tamil Nadu and Karnataka over sharing of Pennaiyar river water resources within one month.
The Supreme Court issued the directions while hearing a suit filed by the Tamil Nadu Government under Article 131 of the Constitution seeking to resolve the interstate water dispute related to the Pennaiyar and Markandeya Nadhi projects undertaken by the Karnataka Government, the Supreme Court passed the direction.
A two-judge bench of Justices Vikram Nath and N V Anjaria pronounced the judgment while hearing the suit filed in 2018 by Tamil Nadu Government against Karnataka over the interstate water dispute related to the Pennaiyar and Markandeya Nadhi projects.
"We find no reason to refrain from directing the Central Government to issue an appropriate notification in the official gazette and to constitute a Water Disputes Tribunal for the adjudication of the inter se water dispute between the parties here within a period of one month from today. Consequently, the plaint in Original Suit No. 1 of 2018 is returned for presentation for adjudication before the Water Disputes Tribunal, which is to be constituted by the Central Government."
Before reserving the verdict, the top court heard the arguments and submissions in a detailed manner, from the petitioner and respondents in the case.
During the course of the hearing, Union government also apprised the court that a request had been received on behalf of Karnataka to the effect that its newly constituted government would like to re-explore the possibility of settling the dispute with Tamil Nadu through negotiations. But all the efforts for a possible settlement failed.
Tamil Nadu Government has moved the top court seeking to direct the Central Government to establish a tribunal under Section 3 of the Inter-State River Water Disputes Act, 1956 (Central Act 33 of 1956), and to refer the complaint made by letter on November 30, 2019, and on December 02, 2019, by the Tamil Nadu Government to the said tribunal.
V. Krishnamoorthy, and P. Wilson, senior advocates, appeared in the top court for the Tamil Nadu Government.
Tamil Nadu also sought a direction to instruct Karnataka to maintain the status quo as of now regarding the construction of a dam across Markandeyanadhi near Yargol Village, pending the constitution of the tribunal by the Central Government under Section 4 of the Act.
"Karnataka to uphold the current status quo concerning pumping water from Varathur Tank to Narsapur Tank in Kolar district, from Yellamallappa Chetty tank to Hoskote tank, and pumping water directly from the Pennaiyar River at Belahalli and Thattanur villages, until the tribunal is established," Tamil Nadu further added.
It sought direction from the top court to prohibit the State of Karnataka from initiating any new schemes in the Pennaiyar basin until a tribunal is constituted by the Central Government.
"When Karnataka attempted to commence work, the Tamil Nadu Government argued that various projects undertaken by Karnataka in the Pennaiyar River and the Markandeya Nadhi could affect Tamil Nadu's downstream interests and its inhabitants," Tamil Nadu said.