STATE OF TAMIL NADU versus STATE OF KARNATAKA AND ANOTHER

Citation: [2019] 14 S.C.R. 599 · Decided: 14-11-2019 · Supreme Court of India · Bench: UDAY UMESH LALIT · Disposal: Dismissed

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Judgment (excerpt)

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STATE OF TAMIL NADU
v.
STATE OF KARNATAKA AND ANOTHER
(I.A. No.95384 of 2019)
In
(Original Suit No.1 of 2018)
NOVEMBER 14, 2019
[UDAY UMESH LALIT AND VINEET SARAN, JJ.]
Constitution of India: Article 131 – Original jurisdiction of
Supreme Court –Plaintiff-State of Tamil Nadu, and defendant No.1-
State of Karnataka, two riparian States among the three basin States
and the union territory of Puducherry in which Inter-State River
Pennaiyar flowing – River Markandeyanadhi is a tributary of
Pennaiyar river which originates in Karnataka and enters Tamil
Nadu – Agreement of 1892 between the States of Tamil Nadu and
Mysore/Karnataka respectively as regards the extent of the rights
of the States, in the use, control and distribution of waters of the
Inter State River – Plaintiff came to know that 1st defendant was
proposing to construct a check dam across Markandeyanadhi, a
tributary of Pennaiyar river – Plaintiff filed suit u/Art. 131 against
defendant no. 1 and Union of India seeking that said action of
the 1st Defendant was illegal; and grant of permanent injunction
restraining the 1st Defendant, from proceeding with the
construction of Check Dam/Anicut across Markandeyanadhi and
across the Pennaiyar river and its tributaries, and pumping water
from them to the existing tanks in Pennaiyar basin – Subsequently,
interim application by plaintiff to restrain the 1st Defendant and
its instrumentalities from proceeding further with the construction
of dam across Markandeyanadhi; and to direct the State of
Karnataka and its instrumentalities not to obstruct the natural flows
to the downstream State of Tamil Nadu pending disposal of the
instant  application – Held: The said project was undertaken after
receiving all requisite sanctions and permissions – Construction
work began few years back; and as of now 75% work is complete,
   [2019] 14 S.C.R. 599
599
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SUPREME COURT REPORTS
[2019] 14 S.C.R.
thus, no case is made out for granting any interim relief –
Furthermore, neither in the plaint, nor in the interim application
any relief in the nature of directions to constitute a tribunal under
the Act is claimed – There was no express communication where
the plaintiff had invoked the power of the Central Government and
sought constitution of an Inter State River Water Disputes Tribunal
– Second defendant cannot said to be at fault for not constituting
a Tribunal under the Act – In view thereof, plaintiff permitted to
make an appropriate application seeking constitution of an Inter
State River Water Disputes Tribunal – Inter-State River Water
Disputes Act, 1956.
State of Karnataka v. State of Tamil Nadu and Others
(2018) 4 SCC 1 ; State of Tamil Nadu v. State of Kerala
and Another (2014) 12 SCC 696 ; State of Orrisa v.
Government of India and Another (2009) 5 SCC
492 ; Tamil Nadu Cauvery Neerppasana Vilaiporulgal
Vivasayigal Nala Urimai Padhugappu Sangamv. Union
of India and Others (1990) 3 SCC 440 – referred to.
Case Law Reference
(2018) 4 SCC 1
referred to
Para 10
(2014) 12 SCC 696
referred to
Para 10
(2009) 5 SCC 492
referred to
Para 10
(1990) 3 SCC 440
referred to
Para 10
CIVIL ORIGINAL JURISDICTION : Interlocutory Application
No. 95384 of 2019 in Original Suit No. 1 of 2018.
Suit filed on behalf of the inhabitants of the State especially in
the drought prone Krishnagiri, Dharmapuri District and part of
Thiruvannamalai districts of Pennaiyar Basin.
 Shekar Naphade, Shyam Divan, S. Wasim A. Quadri, Sr. Advs.,
G. Umapathy, C. Paramasivam, K. V. Vijayakumar, V. N. Raghupathy,
Ms. Sanam Tripathi, M. P. Gupta, D. L. Chidanand, S. S. Rebello,
Arvind Kumar Sharma, Advs. for the appearing parties.
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The Order of the Court was passed by
UDAY UMESH LALIT, J.
1. This Suit has been filed on 18.05.2018 by State of Tamil Nadu
under Article 131 of the Constitution of India against State of Karnataka
and Union of India submitting inter alia,
A] “2.The plaintiff (State of Tamil Nadu), and Defendant No.1
(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 the 1st Defendant.  The extent of
the rights of the Party States, in the use, control and distribution
of waters of the Inter State River, is recognized

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