Karnataka-TN Pennaiyar river water row: SC tells Centre to form dispute tribunal

The Supreme Court on Monday (February 2) directed the Centre to constitute a tribunal for adjudicating the Pennaiyar water dispute between Tamil Nadu and Karnataka. The issue arose over sharing the waters of the Pennaiyar, an inter-state river.

The court also directed the tribunal to issue an appropriate notification within a month. The direction came from a bench of Justices Vikram Nath and N V Anjaria. Senior advocates V Krishnamoorthy, and P Wilson appeared on behalf of the Tamil Nadu government.

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"We...find no reason to refrain from directing the Central government to issue an appropriate notification in the official gazette and to constitute a water disputes tribunal for the adjudication of the inter-sea water dispute between the parties herein within a period of one month from today," Justice Nath said while pronouncing the order.

Reacting to the order, on a suit filed by the Tamil Nadu government under the Inter-State River Water Disputes Act, 1956 (Central Act 33 of 1956), DMK MP P Wilson said that as negotiations between the two states failed, the Supreme Court had to issue the order.

Adjudication of water disputes

"When a Tribunal has been constituted under Section 4, the Central Government shall, subject to the prohibition contained in Section 8, refer the water disputes and any matter appearing to be connected with, or relevant to, the water dispute to the Tribunal for adjudication," added Wilson, who is also an advocate by profession.

The Tamil Nadu government moved the top court in 2018 through its original suit filed, under Section 5 of the 1956 Act, against Karnataka over work being done on check dams and diversions on the river. It said water in an interstate river was considered a national asset and no state can claim exclusive rights over it.

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Tamil Nadu, in its complaint, said several projects undertaken by Karnataka across the Pennaiyar and its tributary Markendeya have adversely affected or are likely to affect the interests of the downstream state of Tamil Nadu.

Call for Central intervention

Moving the apex court, Tamil Nadu sought directions to the Union government to constitute a tribunal under Section 3 of the 1956 Act to adjudicate the Pennaiyar river water dispute. The state also urged the court to restrain Karnataka from proceeding with the construction of a dam across the Markandeyanadhi near Yargol village until the tribunal is set up under Section 4 of the Act.

In addition, Tamil Nadu sought directions to maintain the status quo on Karnataka’s water diversion activities, including pumping water from Varathur Tank to Narsapur Tank in Kolar district, from Yellamallappa Chetty Tank to Hoskote Tank, and directly from the Pennaiyar at Belahalli and Thattanur villages. The state further requested the court to prohibit Karnataka from initiating any new projects in the Pennaiyar basin until the tribunal is constituted.