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State of Andhra Pradesh vs. State of Karnataka & Anr.

Not available · 2022 INSC 1028Decided 28 Sept 2022
Not available
Uday Umesh Lalit · S. Ravindra Bhat · J.B. Pardiwala

Background

In 2003, the State of Andhra Pradesh filed an original suit directly in the Supreme Court against the State of Karnataka, seeking to restrain Karnataka from constructing several irrigation projects, tanks, and anicuts (including the Paragodu Project on the Chitravathi river) on the Pennar river basin without first resolving inter-state water disputes under the Inter-State River Water Disputes Act, 1956. Andhra Pradesh also asked the Court to direct the Central Government to take action for setting up a tribunal to adjudicate the dispute. The suit remained pending for nearly two decades, largely occupied with the question of interim relief.

Decision Breakdown

The Court noted that despite 19 years having passed, Andhra Pradesh had still not made a formal request to the Central Government for constituting an Inter-State River Water Disputes Tribunal. Given the long passage of time and the on-ground developments (water usage and infrastructure changes over the years), the Court held it was no longer appropriate to decide the matter purely on the original interim-relief framework. It therefore disposed of the suit, giving Andhra Pradesh liberty to pursue fresh appropriate proceedings in law, including approaching the Central Government for constitution of a tribunal, while leaving all questions of law open and noting that the pleadings and evidence already on record could be relied upon in any future proceedings.

Lesson Learnt

Inter-state disputes over natural resources like river water must be pursued through the statutory mechanism (approaching the Central Government for a tribunal) without undue delay; sitting on a suit for years without taking the mandated procedural steps can result in the case being closed out with liberty to start the proper process afresh, rather than being decided on merits.

Official source (sci.gov.in)View Judgment (PDF)

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