LexSTATE OF TAMIL NADU versus STATE OF KERALA & ANR.
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[2014] 12 S.C.R. 875 STATE OF TAMIL NADU v. STATE OF KERALA & ANR. (Original Suit No. 3 of 2006) MAY 07, 2014 [R.M. LOOHA, CJI, H.L. DATTU, CHANDRAMAULI KR. P~SAD, MADAN . B. LOKUR AND M.Y. EQBAL, JJ.) A B Constitution of India, 1950 - Art. 131- Inter-State water dispute - Mullaperiyar dam, a masonry dam, constructed C across Periyar river pursuant to lease agreement dated 29- 10-1886 executed between Government of the Maharaja of Travancore and the Secretary of Sta"te for India - On coming into force of the States Reorganisation Act, 1956, State of Travancore-Cochin was formed and State of Kera/a is its' D successor-in-interest - State of Tamil Nadu is successor-in- interest of the Governor in Council, Secretary of State for India - Dam situated at Thekkady District in Kera/a but owned and operated by the Government of Tamil Nadu - In an earlier round of litigation, vide judgment dated 27-2-2006, Supreme E Court permitted water level in the Mullaperiyar dam to be raised. up to 142 ft and also restrained the State of Kera/a and its officers from causing any obstruction the(eto - However, vide subsequent enactment of the 2006 Amendment Act by the Kera/a State Legislature, Full Reservoir Level (FRL) of the F dam fixed and limited to136 ft - Suit filed by State of Tamil Nadu u/Art. 131 of the Constitution against the State of Kera/a - Maintainability_ of suit u/.Art. 131 - Validity and binding nature of 1886 L;ease Agreement and the effect of 1970 supplemental agreements - Held: Suit filed by State of Tamil Nadu was maintainable u/Art. 131 of the Constitution - The suit G was based on a legal right claimed under the lease deed dated 29-10-1886- State of Kera/a (first defendant) estopped from raising plea that lease deed dated 29-10-1886 had 875 H 876 SUPREME COURT REPORTS [2014] 12 S.C.R: A lapsed, in view of supplemental agreements dated 28-05- 1970 between State of Kera/a and State of Tamil Nadu - Lease deed dated 29-10-1886 valid and binding on the first defendant (State of Kera/a) and· enforceable against it - Kera/a Irrigation and Water Conservation Act, 2003 - Kera/a B Irrigation and Water Conservation (Amendment) Act, 2006. Constitution of India, 1950 - Art.131 - Inter-State water dispute - Mullaperiyar dam, a masonry dam, constructed across Periyar river - Dam situated at Thekkady District in Kera/a but owned and operated by the Government of Tamil C Nadu - In an earlier round of litigation, vide judgment dated 27-2-2006, .Supreme Court permitted water level in the Mullaperiyar dam to be raised up to· 142 ft and also restrained the State of Kera/a and its officers from causing any obstruction thereto - However, vide subsequent enactment of D the 2006 Amendment Act by the Kera/a State Legislature, Full Reservoir Level (FRL) of the dam fixed and limited to136 ft - Suit filed by State of Tamil Nadu u/Art. 131 of the Constitution against the State .of Kera/<J - Whether 2006 Amendment Act unconstitutional and ultra Vires, in its application to and effect E on the Mullai Periyar Dam and whether judgment dated 27- 2-2006 operated as res judicata, in respect of all or any of the \(.. defences set up by the first defendant (State of Kera/a) - Held: 2006 Amendment Act was unconstitutional and ultra vires in its application to and effect on the Mullaperiyar dam - Rights F of Tamil Nadu, crystallized in judgment dated 27-2-2006 could not be nullified by a legislation made by the Kera/a State legislature - Earlier judgment given on 27-2-2006 operated as res judicata on issue of the safety of Mullaperiyar dam for raising water level to 142 ft. - Kera/a estopped from G raising or re-agitating issues in' the present suit - Kera/a cannot obstruct Tamil Nadu from increasing the water level of Mullaperiyar dam to 142 ft. and from carrying out repair works as per judgment dated 27-2-2006 - Kera/a Irrigation and Wafer Conservation Act, 2003 - Kera/a Irrigation and H Water Conservation (Amendment) Act, 2006 - Do.ctrinesl STATE OF TAMIL NADU v. STATE OF KERALA 877 Principles - Principle of res judicata and constructive res A judicata - Applicability of. · Constitution of India, 1950 - Art.131 - Inter-State water dispute - Mullaperiyar dam, a masonry dam, constructed across Periyar river - Dam situated at Thekkady District in 8 Kera/a but owned and operated by the Government of Tamil Nadu - In an earlier round of litigation, vide judgment dated 27-2-2006
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