Supreme Court Clears Path for Pennaiyar Water Tribunal, Disposes Tamil Nadu’s 2018 Suit Against Karnataka
Supreme Court disposed of Tamil Nadu’s 2018 suit after directing the Centre to set up a tribunal to adjudicate the Pennaiyar river water dispute within a month
Supreme Court directed the Centre to constitute a 'Pennaiyar Water Disputes Tribunal' to resolve the Tamil Nadu–Karnataka river water sharing dispute
The Supreme Court on Monday ordered the Central government to constitute a Water Disputes Tribunal within one month to adjudicate the long-standing inter-State dispute between Tamil Nadu and Karnataka over the sharing of Pennaiyar river waters, while disposing of Tamil Nadu’s original suit filed in 2018.
Tamil Nadu has consistently maintained that Karnataka’s projects on the Pennaiyar river and its tributaries have reduced downstream flows, adversely affecting farmers and water availability in the State. It had argued that such works were undertaken without its consent and in violation of established principles governing inter-State rivers. Karnataka, on the other hand, had contested the claims and questioned the maintainability of the suit, asserting its right to utilise waters within its territory.
The bench of Justices Vikram Nath and Sandeep Mehta directed the Union government to formally notify the tribunal under the Inter-State River Water Disputes Act, 1956, holding that there was no justification for further delay in setting up a specialised adjudicatory body.
“We do not find any reason for not constituting the tribunal,” the bench observed in its verdict, adding that the statutory mechanism was necessary to resolve the competing claims of the two States.
The court mandated that the Central government must constitute and notify the Water Disputes Tribunal within one month from the date of the judgment. The tribunal will examine issues relating to the utilisation, control and distribution of Pennaiyar river waters between Tamil Nadu and Karnataka.
By directing the constitution of the tribunal, the Court brought to a close the original suit filed by Tamil Nadu under Article 131 of the Constitution, in which the State had sought relief against Karnataka’s alleged unilateral construction of check dams and other structures on the upper reaches of the river.
The Supreme Court had earlier indicated that disputes of this nature are best resolved through a tribunal equipped to assess technical, hydrological and historical data. The verdict delivered today effectively disposed of the 2018 suit by directing recourse to the statutory tribunal mechanism.
The Centre had in July 2023, had informed the Supreme Court that a proposal to set up the Pennaiyar Water Dispute Tribunal, to resolve water sharing issues between Tamil Nadu and Karnataka had been sent to Cabinet Secretariat and was awaiting final decision by the Union Cabinet. In an affidavit, the Water Resources department of Jal Shakti Ministry had stated, "in order to constitute a Tribunal, a proposal for formation of Pennaiyar Water Dispute Tribunal under the relevant section of the Inter State Water Dispute Act, 1956 has been submitted to Cabinet Secretariat for consideration and approval of Union Cabinet. It is submitted that the Union Cabinet is yet to take a final decision in the matter."
Hearing an original suit filed by Tamil Nadu, the apex court had on May 2, 2023 granted the Union government one month's further time for setting up the tribunal and issuance of a gazette notification for it. In its plea filed under Article 131 of the Constitution, Tamil Nadu had claimed plaintiff and defendant (State of Karnataka) are the two riparian States among the three basin States and the Union Territory of Puducherry in which the Inter-State River Pennaiyar flows.
As a riparian State, top court was told that the plaintiff is entitled to and has been using the waters of the river Pennaiyar and its tributaries/rivulets, etc, except for the reasonable beneficial use of Karnataka. The extent of the rights of the Party States, in the use, control and distribution of waters of the Inter State River, is recognised in an agreement of 1892 entered into between the then State of Madras and Mysore, the predecessor States of Tamil Nadu and Mysore / Karnataka respectively.
However, its rights and interest in river Pennaiyar and its tributaries have been prejudicially affected by the executive action of Karnataka by its various works, and in violation of 1892 and 1933 agreements, Tamil Nadu asserted.
It alleged that Karnataka has taken up construction of a reservoir across Markandeyanadhi, a tributary of Pennaiyar, diversion of surplus waters of Varathur tank, implementation of lift irrigation scheme at Yellamallappa Chetty tank, pumping of water at Belahalli, besides a scheme to pump the waters of Pennariyar from Thattanur village to distribute to 160 tanks.
On November 14, 2019, the Supreme Court had 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.
Case Title: The State of Tamil Nadu vs. State of Karnataka & Anr.
Bench: Justices Vikram Nath and Sandeep Mehta
Pronouncement Date: February 2, 2026