Chief Justice NV Ramana Recuses From Hearing Krishna River Dispute Between The States Of Andhra Pradesh And Telangana

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Supreme Court bench of Chief Justice NV Ramana and Justice Surya Kant, referred the Krishna River Dispute to another bench after the State Counsel informed the Court that upon examination it was found that it cannot be settled by Mediation.

Previously, Court had suggested the States to explore the possibility of settling the matter by Mediation. When the matter was called up, CJI NV Ramana, while indicating to recuse, said,

"I am not interested in hearing the matter based on legal arguments. That's because I belong to both States. In case both the states intend to enter into mediation, then I can proceed. Otherwise, I can't hear the matter. I will place the matter before another bench.”

In today’s hearing, Learned SGI, Mr. Tushar Mehta submitted that Union had no objections even if the same bench proceeds to hear the matter. Court however passed a direction to place it before another bench.

It has been argued that the State of Telangana is refusing to follow directions of Krishna River Management Board, and directions of the Government of India.

"State of Telangana is clearly in violation of a binding Award, popularly known as "Bachwat Award" made on May 31, 1976, and express provisions of the 2014 Act whereby State of Andhra Pradesh was bifurcated into Telangana and Andhra Pradesh," plea states.

 It further contends that the notification of the State of Telangana dated June 28, 2021 as per which the Government has taken decision to Generate Hyd-el Power in the State upto 100% installed capacity has caused immense hardship for people of the State of Andhra Pradesh as water availability has been serious affected.

Directions have been sought against the Centre to perform its obligations of notifying the jurisdiction of the Krishna River Management Board u/s 87 of the 2014 Act.

The petition has also urged the Top Court to direct the Centre to take control of the common reservoirs of Srisailam, Nagarjunasagar and also Pulichintala reservoirs along with all their outlets and operate the same as per rules in vogue, as per the binding award, and to declare the notification dated June 28, 2021 as illegal, arbitrary and unjust.

Case Title: State of Andhra Pradesh v. Union of India