| Content Provider | Supreme Court of India |
|---|---|
| e-ISSN | 30484839 |
| Language | English |
| Access Restriction | NDLI |
| Subject Keyword | Inter-State Water Disputes |
| Content Type | Text |
| Resource Type | Law Judgement |
| Jurisdiction | India |
| Act(s) Referred | Indian Independence Act, 1947 (0 of 1947) Inter-state River Water Disputes Act, 1956 (33 of 1956) States Reorganisation Act, 1956 (37 of 1956) |
| Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7 Referred Case 8 Referred Case 9 Referred Case 10 Referred Case 11 Referred Case 12 Referred Case 13 Referred Case 14 Referred Case 15 Referred Case 16 Referred Case 17 Referred Case 18 Referred Case 19 Referred Case 20 Referred Case 21 Referred Case 22 Referred Case 23 Referred Case 24 Referred Case 25 Referred Case 26 Referred Case 27 Referred Case 28 Referred Case 29 Referred Case 30 Referred Case 31 Referred Case 32 Referred Case 33 |
| Case Type | Appeal |
| Court | Supreme Court of India |
| Disposal Nature | Appeal Disposed Off |
| Headnote | Inter-State Water Disputes: Water dispute raised by State of Tamil Nadu – Against State of Karnataka – Alleging that the executive action taken by State of Karnataka in constructing Kabini, Hemavathi, Harangi, Swrnavathi and other projects has affected the interest of the State of Tamil Nadu in the waters of Cauvery, an inter-State river – Also alleged that the executive action were in violation of agreements entered into between the erstwhile Madras Presidency and State of Mysore in the years 1892 and 1924 – Central Government referred the dispute to Cauvery Water Disputes Tribunal – Claims also raised by State of Kerala to the waters of river Cauvery on account of the areas transferred to it from the State of Madras after State Reorganization Act, 1956 – Claim by Union Territory of Puducherry in the waters of Cauvery river since it was located within Cauvery basin and seven branches of Cauvery did flow through the said region – Tribunal held the agreements of 1892 and 1924 as valid and determined the utilisable quantum of waters of the Cauvery to be 740 thousand Million Cubic Feet (TMC) – The Tribunal allocated the waters of Cauvery, following the principle of equitable apportionment – It allocated 419 TMC to State of Tamil Nadu, 270 TMC to State of Karnataka 30 TMC to State of Kerala and 7 TMC to Union Territory of Puducherry – In addition, the Tribunal reserved 10 TMC for environmental protection and 4 TMC for inevitable escapages into the sea – Aggrieved by allocation of sharing of waters of Cauvery awarded by the Tribunal, appeals by way of SLP were filed by the States of Tamil Nadu, Karnataka and Kerala – Held: Waters of an inter-State river passing through corridors of the riparian States constitute a national asset and no single State can claim exclusive ownership of its water – Principle of equitable apportionment internationally recognized by the Helsinki Rules, Compione Rules and Berlin Rules which have also been incorporated in 1987 and 2002 National Water Policies, have been regarded to be the guiding factors for resolving disputes qua apportionment of waters of an inter-Sate river – The Tribunal was correct in its approach – Tribunal correctly determined the irrigated area of Tamil Nadu – Allocation of water to Tamil Nadu for domestic and industrial purposes and allocation of water to Kerala and Puducherry also requires no interference – Reservation of 10 TMC for environment protection and 4 TMC for inevitable escapages into sea also does not need any interference – However, the admission of facts and empirical data suggests that around 20 TMC of water is available in Tamil Nadu which has not been taken into account by the Tribunal – Therefore, keeping in view the risks associated with over-extraction of groundwater, 10 TMC of the available groundwater in Tamil Nadu to be taken into account for final determination of State of Tamil Nadu – Tribunal has also drastically reduced the share of Karnataka towards Domestic and Industrial purpose – Therefore, 4.75 TMC is awarded to Karnataka for this purpose – Thus, it would be appropriate to award to the State of Karnataka an additional 14.75 TMC (10 TMC on account of availability of groundwater in the State of Tamil Nadu and 4.75 for domestic and drinking purposes) – Inter-State Water Disputes Act, 1956 – ss. 3 and 5. Inter-State Water Disputes: Water Dispute – Between States of Tamil Nadu and Karnataka – Pertaining to waters of Inter-State river Cauvery – Complainant State (State of Tamil Nadu) inter-alia alleged that the executive action of State of Karnataka (affecting the interest of State of Tamil Nadu) was in violation of the agreements entered into, in the years 1892 and 1924 between the erstwhile State of Mysore and Madras Presidency, in respect of distribution of waters of Cauvery river – State of Karnataka questioned the validity of the agreements on the ground of applicability of doctrine of paramountcy; and on the ground of unconscionability of the agreements – On appeal, held: After coming into force of Indian Independence Act, 1947, doctrine of paramountcy has no room for application – The agreements had neither any political arrangement nor touched any facet of sovereignty of India, but they covered areas of larger public interest – The agreements did not come to an end either after coming into force of 1947 Act or after coming into force of the Constitution – State of Mysore might not have bargaining power in 1892 or 1924 but such power came alive after the 1947 Act or coming into force of the Constitution – State of Karnataka did not choose to denounce the same – Even after coming into force of States Reorganization Act, 1956, newly formed States did not raise any dispute to controvert the agreements – Thus, the State of Karnataka waived its right to question the legal tenability of the agreements – Therefore, the agreements are neither inoperative nor completely extinct – However, 1924 agreement was not intended to be of permanent character – It contemplated a fixed term of 50 years and its continuance after 50 years was dependent on certain aspects – Therefore, the 1924 agreement expired after 50 years i.e. in the year 1974 – Indian Independence Act, 1947 – s. 7 – States Reorganization Act, 1956. Inter-State Water Disputes: Complaint by State of Tamil Nadu – Against State of Karnataka – Regarding allocation of waters of inter-State river Cauvery – Adjudicability of the complaint – Held: When States make a request under Inter-State Water Disputes Act, 1956 for adjudication of disputes, interest of the inhabitants of the State is involved – Both the States are governed by parens patria principle – The matter deserved to be adjudicated on the bedrock of equal status of the States and doctrine of equitability – Inter-State Water Disputes Act, 1956. Inter-State Water Disputes Act, 1956: s.6A – Interpretation of – Held: Central Government does not have discretion to frame scheme u/s. 6A – Framing of the Scheme is exclusively meant for implementation of the award or as the same gets modified by Supreme Court. Constitution of India: Arts. 143, 262 and 363 – Inter-State water dispute – Between States of Tamil Nadu and Karnataka – Non-maintainability of the disputes on the basis of agreements entered between erstwhile State of Mysore and Madras presidency – Held: Bar under s. 363 is not applicable in the present case as the issues in the present case have no connection with the concept of sovereignty and integrity of India. Constitution of India: Art. 136 – Jurisdiction under – To entertain the appeal against Cauvery Water Disputes Tribunal – In view of s. 6(2) of Inter-State Water Disputes Act, 1956 – Held: The legislative intendment of s. 6(2) is not to create any embargo on the jurisdiction of Supreme Court – The fiction has been created for limited purpose of giving binding effect to the award passed by the Tribunal – Section 6 cannot be interpreted in an absolute mechanical manner and the words “same force as an order of decision” cannot be treated as an order or decree for the purpose of excluding jurisdiction of Supreme Court – A provision should not be interpreted to give a different colour which has a technical design rather than serving object of the legislation – Hence, s. 6(2) does not bar jurisdiction conferred on Supreme Court u/Art. 136 – Inter-State Water Disputes Act, 1956 – s.6(2) – Interpretation of Statutes. Interpretation of Statutes: Rules of interpretation – Purposive interpretation – A provision should not be interpreted to given a different colour which has a technical design rather than serving object of the legislation. Doctrines/Principles: Doctrine of paramountcy – Applicability of – Discussed. Principle of apportionment – Discussed. |
| Judge | Honble Mr. Justice Dipak Misra |
| Neutral Citation | 2018 INSC 153 |
| Petitioner | State Of Karnataka By Its Chief Secretary |
| Respondent | State Of T. N. By Its Chief Secretary [dipak Misra, Cji] 829 The State Of Karnataka By Its Chief Secretarystate Of Tamil Nadu By Its Chief Secretary & Ors. |
| SCR | [2018] 5 S.C.R. 829 |
| Judgement Date | 2018-02-16 |
| Case Number | 2453 |
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