Pennaiyar River Dispute : Supreme Court Gives Centre Three Months To Constitute Inter-State River Water Disputes Tribunal

A Bench comprising Justices MR Shah and CT Ravikumar directed,

"In the facts & circumstances of the case & considering the facts stated herein above, we grant three months to the Central government to complete the process of constituting the Tribunal to resolve the dispute between the two states."

In November, the Court had pulled up the Centre for the delay in resolving through negotiation the dispute over the river between the two states.

During that hearing, Additional Solicitor General Aiswarya Bhati informed that the complaint by the Plaintiff-State - Tamil Nadu, was referred to the Negotiation Committee. And, as there's no likelihood of settlement by negotiation, the Central Government is 'likely to constitute a Tribunal to resolve the dispute' between the two States. The Court had then given 4 weeks to the Centre to file a status report.

It is Tamil Nadu's case that its rights and interest in river Pennaiyar and its tributaries have been prejudicially affected by the executive action of Karnataka by its various works.

In 2019, the Supreme Court permitted the Tamil Nadu government to invoke the powers of the Union government in terms of the provisions of the Inter-State Water Disputes Act and seek the constitution of a Tribunal on the dispute over sharing of water.

On January 20, 2020, the Union government constituted the negotiation committee to resolve the water dispute.

Today, Bhati requested the court to grant six months to complete the entire process to constitute the Tribunal.

"We cannot grant you six months", Justice Shah remarked.

Bhati informed the Court that the cabinet nod for the constitution of Penniyar Water Tribunal has been approved by the concerned minister (Jal Shakti) & the same has been circulated to Ministry of Home Affairs, Ministry of Law & Justice, Ministry of Finance, Prime Minister's Office on November 29 for their comments/ observations.

After this step, as per the Centre's application, legal vetting is to be done by the Ministry of Law & Justice. Thereafter, Gazette notification of Pennaiyar Water Disputes Tribunal will be issued after the Union Cabinet's approval. For the completion of this process, the Centre sought for six months, which was not accepted by the Court today.

The matter will be next heard on March 14.

Case Title: State of Tamil Nadu vs State of Karnataka | Original Suit No. 1 of 2018