STATE OF ORISSA versus GOVERNMENT OF INDIA & ANR.

Citation: [2009] 1 S.C.R. 992 · Decided: 06-02-2009 · Supreme Court of India · Bench: ALTAMAS KABIR · Disposal: Disposed off
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[2009] 1 S.C.R. 992 
A 
STATE OF ORISSA 
v. 
GOVERNMENT OF INDIA & ANR. 
Writ Petition (C) No. 443 of 2006 
B 
FEBRUARY 6, 2009 
[ALTAMAS KABIR AND MARKANDEY KATJU, JJ.] 
INTER-STATE WATER DISPUTES ACT, 1956: 
t 
c 
ss. 2(c),3,4(1) and 11 - 'Water dispute' - Constituting of 
Water Dispute Tribunal- Interim order-Agreement between 
States of Orissa and Andhra Pradesh to equally share the 
waters of river Vansadhara - Later, State of Andhra Pradesh 
constructing Side Channel Weir and Flood Flow Canal 
D Project to divert the river water - No steps taken by Union 
Government on complaint u/s 3 made by State of Orissa-
.. 
HELD: Unilateral decision taken by State of Andhra Pradesh 
to divert the river water is likely to disturb the agreement and 
would be a water dispute within the meaning of s.2(c) - Union 
E Government is directed to constitute a Water Dispute Tribunal 
within a period of six months and refer the dispute to it -
Meanwhile State of Andhra Pradesh would maintain status quo 
- Recommendation to Central Government to constitute a 
body of experts for optimum utilization of water in the country 
F - Constitution of India, 1950 -Articles 32 and 21. 
The State of Orissa filed the instant writ petition 
against the Union of India and the State of Andhra 
Pradesh stating that under the agreement dated 
30.12.1994, the Chief Ministers of Orissa and Andhra 
• 
G Pradesh decided to share 50:50 the waters of river 
Vansadhara. Despite the agreement, the State of Andhra 
Pradesh started construction of Side Channel Weir and 
~ 
Flood Flow Canal at Katragada to divert the waters of 
I 
river Vansadhara. On 13.2.2006, a complaint uls 3 of the 
H 
992 
STATE OF ORISSA v. GOVERNMENT OF INDIA & 
993 
r. 
ANR. 
Inter-State Water Disputes Act, 1956 was made to the 
A 
Union of India, but no steps were taken by it within the 
time specified in s.4 of the Act. It was, therefore, prayed 
in the writ petition that the Union Government be directed 
to constitute a Tribunal u/s 4 of the Act and refer to it the 
dispute relating to construction of Side Channel Weir and 
B 
Flood Canal at Katragada on river Vansadhara by the 
State of Andhra Pradesh; and that the State of Andhra 
... 
Pradesh be restrained from carrying on any works on the 
proposed Project. The stand of the State of Andhra 
Pradesh was that the relief prayed for in the writ petition c 
did not relate to "water dispute" within the meaning of 
s.2(a) of the Act; that in principle both the States had 
agreed to the equal sharing of the waters of river 
Vansadhara and the Project proposed by the respondent 
State related to the part of the river waters within its 
D 
allocation. 
Disposing of the writ petition, the Court 
HELD: Per Kabir, J. 
1.1. The dispute in the instant case does not confine 
E 
itself to the construction of the Side Channel Weir and the 
Flood Flow Canal, but primarily it involves the unilateral 
decision taken by the State of Andhra Pradesh to divert 
the river waters to its territory, which could possibly 
F 
disturb the agreement to share the waters of the river 
equally. Such a dispute must be held to be a water dispute 
within the meaning of s. 2(c) (i) of the Inter State Water 
Disputes Act, 1956. Moreover, the time frame inserted in 
Sub-section (1) of s. 4 of the Act also is a relevant factor G 
to grant the reliefs prayed for by the State of Orissa since 
its complaint is pending from 13.2.2006. [Para 28 and 29] 
[1009-G-H; 1010-A-B] 
Tamil Nadu Cauvery Neerppasana Vilaiporulgal 
Vivasayiga/ Na/a Urimai Padhugappu Sangam vs. Union of H 
994 
SUPREME COURT REPORTS 
[2009] 1 S.C.R. 
- ~
A India & Ors. 1990 (3) SCC 440, referred to. 
1.2. The Central Government is directed to constitute 
a Water Disputes Tribunal within a period of six months 
from date and to refer to it the dispute relating to the 
B construction of the Side Channel Weir and Flood Flow 
Canal at Katragada on the river Vansadhara by the State 
of Andhra Pradesh for diversion of the waters of the said 
river which could adversely affect the supply of water 
+ 
from the said river to the State of Orissa. [Para 31] [1010-
.... 
c C-E] 
2.1. Unless some interim protection is given till the 
constitution of the Water Disputes Tribunal. by the Central 
Government, the objection raised by the State of Orissa 
D 
will be rendered infructuous, which certainly is not the 
intention of the 1956 Act. [Para 30] [1010-C-D] 
2.2. Notwithstanding the powers vested by s.9 of the 
Act in t
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