Constitution of India: Article 131 – Original jurisdiction of Supreme Court –Plaintiff-State of Tamil Nadu, and defendant No.1State of Karnataka, two riparian States among the three basin States and the union territory of Puducherry in which Inter-State River Pennaiyar flowing – River Markandeyanadhi is a tributary of Pennaiyar river which originates in Karnataka and enters Tamil Nadu – Agreement of 1892 between the States of Tamil Nadu and Mysore/Karnataka respectively as regards the extent of the rights of the States, in the use, control and distribution of waters of the Inter State River – Plaintiff came to know that 1 st defendant was proposing to construct a check dam across Markandeyanadhi, a tributary of Pennaiyar river – Plaintiff filed suit u/Art. 131 against defendant no. 1 and Union of India seeking that said action of the 1st Defendant was illegal; and grant of permanent injunction restraining the 1 st Defendant, from proceeding with the construction of Check Dam/Anicut across Markandeyanadhi and across the Pennaiyar river and its tributaries, and pumping water from them to the existing tanks in Pennaiyar basin – Subsequently, interim application by plaintiff to restrain the 1 st Defendant and its instrumentalities from proceeding further with the construction of dam across Markandeyanadhi; and to direct the State of Karnataka and its instrumentalities not to obstruct the natural flows to the downstream State of Tamil Nadu pending disposal of the instant application – Held: The said project was undertaken after receiving all requisite sanctions and permissions – Construction work began few years back; and as of now 75% work is complete, thus, no case is made out for granting any interim relief – Furthermore, neither in the plaint, nor in the interim application any relief in the nature of directions to constitute a tribunal under the Act is claimed – There was no express communication where the plaintiff had invoked the power of the Central Government and sought constitution of an Inter State River Water Disputes Tribunal – Second defendant cannot said to be at fault for not constituting a Tribunal under the Act – In view thereof, plaintiff permitted to make an appropriate application seeking constitution of an Inter State River Water Disputes Tribunal – Inter-State River Water Disputes Act, 1956.
State of Karnataka v. State of Tamil Nadu and Others (2018) 4 SCC 1 ; State of Tamil Nadu v. State of Kerala and Another (2014) 12 SCC 696 ; State of Orrisa v. Government of India and Another (2009) 5 SCC
492 ; Tamil Nadu Cauvery Neerppasana Vilaiporulgal Vivasayigal Nala Urimai Padhugappu Sangamv. Union of India and Others (1990) 3 SCC 440 – referred to.
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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