The Supreme Court has instructed the Union government to establish an inter-State river water disputes tribunal to settle the ongoing conflict between Tamil Nadu and Karnataka regarding the sharing of Pennaiyar river system waters. Justices Vikram Nath and N.V. Anjaria directed the Centre to form the tribunal within a month by issuing a notification in the Official Gazette. This decision follows Tamil Nadu’s plea for tribunal formation due to concerns over Karnataka’s projects in the Pennaiyar basin impacting downstream interests.
The Court emphasized the necessity of forming the water disputes tribunal to address the inter-State water conflict effectively. Tamil Nadu’s original suit highlighted the potential adverse effects of Karnataka’s projects on its downstream interests and inhabitants’ livelihood. The state had urged the apex court to direct the Centre to establish a tribunal under the Inter-State River Water Disputes Act, 1956, and refer the complaint to the tribunal, submitted in November 2019.
Tamil Nadu’s suit also requested Karnataka to maintain the status quo regarding the construction of a dam across the Markandeya Nadhi near Yargol village and pumping water from various sources pending the tribunal’s establishment. Additionally, Tamil Nadu sought to prevent Karnataka from initiating new schemes in the Pennaiyar basin until the dispute was resolved. The state argued that previous negotiations between the two states had failed, necessitating judicial intervention to address the issue effectively.
The Centre had previously suggested resolving the matter through inter-governmental discussions, but the Supreme Court’s directive now mandates the formation of a tribunal under Section 5 of the Inter-State River Water Disputes Act. Once constituted, the tribunal will be responsible for adjudicating the water dispute and all related matters as per the Act.
