Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 131 136 - Inter-State River Water Dispute - Constitution of India - Arts. 262(2) |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | Constitution of India - Arts. 262(2), 131, 136 - Inter-State River Water Dispute - Adjudication of - Jurisdiction of Supreme Court - Order passed by the Cauvery Water Disputes Tribunal on sharing of river water - Challenge to -Appeals by special leave u/ Art. 136 filed by the States of Karnataka, Kerela and Tamil Nadu before this Court - Plea that Art. 262(2) read with s. 11 ands. 6 of the 1956 Act bars the jurisdiction of this Courtto adjudicate upon any water dispute - Held: Appeals by States of Karnataka, Kerela and Tamil Nadu are maintainable - Supreme Court has jurisdiction to hear the appeals - Once a water dispute, as defined u!Art. 262(1) read with provisions of the 1956 Act is adjudicated by the tribunal, it loses the nature of dispute - Person aggrieved can always have his remedy invoking the jurisdiction u/Art. 136 - Founding fathers did not want the award or the final order passed by the tribunal to remain immune from challenge - That is neither the express language of Art. 262(1) nor it is impliedly stated - Also, the legislative intendment of s. 6(2) is clear that the Parliament did not intend to create any kind of embargo on the jurisdiction of this Court - Section 6 cannot be interpreted in an absolute mechanical manner and the words "same force as on order or decision" cannot be treated as a decree for the purpose for excluding the jurisdiction of this Court - Thus, on basis of the exposition of the principles of law relating to fiction, the intendment of th{! legislature and the ultimate purpose and effect of the provision, s. 6(2) does not bar the iurisdiction conferred on this Court u!Art. 136 - Inter-State River Water Disputes Act, 1956 - ss. 2(c), 6(2), 11.Inter-State River Water Disputes Act, 1956 - ss. 11, 2(c), 6(2) - Inter-State River Water Dispute - Issuance of interim order whereby the State of Karnataka directed to release 2000 cusecs of water to State of Tamil Nadu, to continue. |
Judge | Honble Mr. Justice Dipak Misra |
Neutral Citation | 2016 INSC 1210 |
Petitioner | State Of Karnataka |
Respondent | State Of Tamil Nadu & Ors. |
SCR | [2016] 8 S.C.R. 499 |
Judgement Date | 2016-12-09 |
Case Number | 2453 |
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