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The Negotiation Committee that was earlier constituted to settle the river inter-state water dispute between Tamil Nadu and Karnataka had failed to resolve it as a result of which the Tribunal was constituted
The Centre has informed the Supreme Court that a proposal set up by the Pennaiyar Water Dispute Tribunal, to resolve water sharing issues between Tamil Nadu and Karnataka has been sent to Cabinet Secretariat and is awaiting its final decision by the Union Cabinet.
In an affidavit, the Water Resources department of Jal Shakti Ministry 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 court has 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 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, 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.
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.
"The projects undertaken by the 1st Defendant (Karnataka) would severely affect the livelihood of lakhs of farmers in Krishnagiri, Dharmapuri, Thiruvannamalai, Villupuram and Cuddalore districts of plaintiff State as the flow of the river will be drastically reduced or hampered besides affecting the drinking water needs of the Plaintiff state,” it said.
Tamil Nadu sought a declaration that the unilateral action of the 1st Defendant (Karnataka), in proceeding to construct/having proceeded to construct new Check Dams/Dams and diversion structures across the Pennaiyar river its tributaries, streams etc without obtaining its prior consent is illegal and violates the fundamental rights of its inhabitants.
It also sought permanent injunction restraining Karnataka from proceeding with the construction of those projects.
On the contrary, Karnataka said the dispute sought to be raised by the State of Tamil Nadu related to distribution of water of South Pennaiyar river, which is an inter-state river originating in the State of Karnataka and running through the States of Tamil Nadu and Union Territory of Puducherry. In fact, the Pennaiyar river, which is also known as South Pennar river also receives water from some of the tributaries originating in the State of Andhra Pradesh. The entire dispute is an interstate water dispute. Therefore the suit is not at all maintainable and is liable to be dismissed in limine.
With regard to charge of violation of agreements, it maintained, there is no necessity for the State of Karnataka to inform the State of Tamil Nadu or any other riparian States to utilise the waters of South Pennaiyar river basin for the purpose of drinking water.
It had also said considering the length of the Inter State River, 75% of the basin including the catchment area is in the State of Tamil Nadu and the projects undertaken by Karnataka would not cause any prejudice to the plaintiff.
On November 14, 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.
Case Title: The State of Tamil Nadu Vs State of Karnataka & Anr.
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