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The Supreme Court today has granted time to the State Governments of Andhra Pradesh and Telangana to communicate their decision to settle their dispute in a plea by Andhra Pradesh alleging denial of "Legitimate Share" of drinking irrigation water amicably through mediation in the next date of hearing.

The matter was listed before the division bench of Chief Justice NV Ramana and Justice Surya Kant. 

When the matter was called up for hearing, CJI NV Ramana, while indicating to recuse from hearing the matter in case the parties decide to proceed with the same on legal arguments asked Senior Advocate Dushyant Dave appearing for the State of Andhra Pradesh to settle the matter amicably.

"Mr. Dave, before starting the matter, listen to me. 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," said CJI. 

Senior Advocate Dushyant Dave submitted that he wished to seek instructions since the matter was a serious one.

Citing the northeast issue, the Senior Counsel for State of Andhra Pradesh said, "We can't put people against people."

"You want time. Please take time. I have no problem. I hope you convince your governments to settle the matter. We don't want to interfere unnecessarily. I will not look into the legal issues," said CJI.

It has been argued that the State of Telangana is refusing to follow decisions taken in the Apex Council constituted under the Andhra Pradesh Reorganisation Act, 2014 ("2014 Act"), directions of Krishna River Management Board, and directions of the Government of India.

"More significantly, 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.

The State has averred that Section 87 of the 2014 Act empowers the Godavari River Management Board and Krishna River Management Board to exercise jurisdiction in respect of the aspects as notified by the Central Government, but till date, no such notification has been issued.

"Meanwhile, in view of no progress on notification of the jurisdiction of the Krishna River Management Board, Telangana by its acts of commission is seriously affecting the water supply to Andhra Pradesh for irrigation and other purposes," plea also states. 

The plea has contended that the notification of the State of Telangana dated June 28, 2021 as per which the Government has taken decision to Generate Hydel Power in the State upto 100% installed capacity has caused immense hardship for people of the State of Andhra Pradesh as availability of water has been serious prejudiced by depletion in Srisailam Dam project as well as other projects such as the Nagarjuna Sagar Project and the Pulichintala Project. 

In light of the above, the plea has sought directions to seek mandamus 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 the rules in vogue as per the binding award and to declare the notification dated June 28, 2021 as illegal, arbitrary and unjust.

Directions have also been sought to restrain the State of Telangana and TS Genco from unilaterally drawing water exclusively for power uses contrary to the binding award and direct the 2nd respondent to deduct the quantity of water unilaterally drawn by the State of Telangana exclusively for power uses from common reservoirs of Srisailam, Nagarjunasagar and also Pulichintala.

The matter is expected to be heard the day after tomorrow.

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