New Delhi: The Supreme Court on Monday directed the Union government to constitute an inter-State river water disputes tribunal to adjudicate the long-pending dispute between Tamil Nadu and Karnataka over the sharing of waters of the inter-State Pennaiyar (Dakshina Pinakini) river system.
A Bench of Justices Vikram Nath and N.V. Anjaria ordered the Centre to issue an appropriate notification in the Official Gazette and to constitute the tribunal within a period of one month, while directing that the complaint filed by Tamil Nadu be referred to the tribunal in terms of Section 5 of the Inter-State River Water Disputes Act, 1956.
“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-State water dispute between the parties herein,” the Justice Nath-led Bench said.
The order came on an original suit filed by the Tamil Nadu government seeking the constitution of a tribunal to resolve disputes arising out of projects undertaken by Karnataka in the Pennaiyar basin, including works on the Markandeya Nadhi.
Tamil Nadu had contended that several upstream projects and pumping schemes proposed and executed by Karnataka could adversely impact its downstream interests and the livelihood of its inhabitants.
In its suit, Tamil Nadu had urged the apex court to direct the Centre to establish a tribunal under Section 3 of the Inter-State River Water Disputes Act, 1956, and to refer its complaint, submitted in November 2019, to the tribunal.
It had also sought directions to Karnataka to maintain status quo with respect to the construction of a dam across the Markandeya Nadhi near Yargol village, as well as pumping of water from various tanks and directly from the Pennaiyar river, pending the tribunal’s constitution.
Further, Tamil Nadu had asked that Karnataka be restrained from initiating any new schemes in the Pennaiyar basin till the dispute was adjudicated. Tamil Nadu argued that repeated negotiations and ministerial-level talks between the two States had failed to yield any resolution, necessitating judicial intervention.
The Centre, on earlier occasions, had suggested that the matter be resolved through inter-governmental discussions.
Under Section 5 of the Inter-State River Water Disputes Act, once a tribunal is constituted, the Central government is mandated to refer the water dispute and all connected matters to it for adjudication.
(IANS)
