Summary
In Tamil Nadu's original suit against Karnataka over check dams and diversion works on the inter-State Pennaiyar river, the Court found that the statutory negotiation process under the Central Government had failed. It directed the Centre to constitute an Inter-State River Water Disputes Tribunal within one month and disposed of the suit, leaving all questions open for the Tribunal.
Issues
- Whether, after negotiations under the Central Government failed to resolve the Pennaiyar river water dispute, the Central Government should be directed to constitute a Water Disputes Tribunal.
Provisions considered
- Section 3, Inter-State River Water Disputes Act, 1956Tamil Nadu lodged a complaint under this section on 30.11.2019 asking the Central Government to constitute a Tribunal, after the Court declined interim relief and gave liberty to invoke the Act. (¶¶ 2.9, 2.10)
- Section 4, Inter-State River Water Disputes Act, 1956Relying on precedent holding that 'shall' in Section 4 makes constitution of a Tribunal mandatory once the Central Government must be taken to be of the opinion that negotiation cannot settle the dispute, the Court held that stage had been reached and directed the Tribunal to be constituted. (¶¶ 9, 10)
- Article 131, Constitution of IndiaThe suit was instituted in the Court's original jurisdiction under Article 131; the Court disposed of it with a direction to constitute a Tribunal rather than adjudicating the water dispute itself. (¶¶ 1, 12)
Held
- Where the negotiation process conducted under the aegis of the Central Government fails to resolve an inter-State river water dispute, the Central Government is obliged to constitute a Water Disputes Tribunal and refer the dispute to it. (¶ 9)
- The Pennaiyar dispute had been pending since 2018, repeated efforts at settlement had produced no mutually acceptable outcome, and the Union's affidavit of 7.10.2025 recorded that ministerial-level negotiations had been postponed indefinitely after Tamil Nadu insisted on adjudication; there was therefore no reason to withhold a direction to constitute a Tribunal. (¶¶ 7, 8, 10)
- The Central Government was directed to issue a notification in the Official Gazette constituting a Water Disputes Tribunal within one month; all questions, including the reliefs available to the parties, were left open for the Tribunal. (¶¶ 10, 13)
Result
Suit disposed of with a direction to the Central Government to notify and constitute a Water Disputes Tribunal for the Pennaiyar dispute within one month; all questions, including reliefs, kept open for the Tribunal.