Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Water Dispute |
Content Type | Text |
Resource Type | Law Order |
Jurisdiction | India |
Case Type | Writ Petition |
Court | Supreme Court of India |
Disposal Nature | Petition Disposed Off |
Headnote | INTER-STATE WATER DISPUTES ACT, 1956: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 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 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 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 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 u/s 3 of the Inter-State Water Disputes Act, 1956 was made to the 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 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 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 allocation. |
Judge | N/A |
Neutral Citation | 2009 INSC 119 |
Petitioner | State Of Orissa |
Respondent | Government Of India & Anr. |
SCR | [2009] 1 S.C.R. 992 |
Judgement Date | 2009-02-06 |
Case Number | 443 |
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