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Help set up panel to settle water dispute between TN, K’taka, SC directs Centre
In May last year, the Centre had agreed to constitute the Pennaiyar inter-state water dispute tribunal within a month after concluding that there was no scope for negotiations
New Delhi
The Supreme Court on Monday directed the Centre to help the warring states of Tamil Nadu and Karnataka to settle their inter-state water dispute with regard to Pennaiyar river by setting up a negotiation committee to facilitate talks and directed the committee to submit a report to the Centre within three months.
A bench of justices Hrishikesh Roy and PK Mishra passed the order after the Centre informed the Court that soon after the Congress government took charge in Karnataka last year, the Ministry of Jal Shakti received a letter from Karnataka’s deputy chief minister DK Shivakumar in June last year indicating that the state government was keen to have talks with the Tamil Nadu government with a view to resolve the outstanding issue. This was followed a month later by another letter addressed by chief minister Siddaramaiah to Prime Minister Narendra Modi.
The bench said, “We deem it appropriate to direct the Ministry of Jal Shakti to constitute a fresh negotiation committee under the Inter State River Water Disputes Act, 1956 and endeavour to reach a negotiated settlement of the inter-state water dispute over Pennaiyar river.” Further, the order said, “The Committee should furnish a preliminary report to the Union of India within three months on the outcome of this exercise.”
The Court was hearing a suit filed by the Tamil Nadu government against the Karnataka government challenging the alleged diversion of water from the Pennaiyar river for various purposes including construction of a reservoir across Markandeyanadhi (tributary of Pennaiyar) project for drinking water purposes, diversion of surplus waters of Varthur tank, lift irrigation scheme at Ellamallappa and pumping scheme at villages Belahalli and Thattanur villages.
Appearing for the Centre, additional solicitor general (ASG) Aishwarya Bhati said, “The Karnataka government has requested one more opportunity to negotiate with Tamil Nadu.” Senior advocate Mohan Katarki appearing for Karnataka told the Court that in January 2020 a negotiation committee was constituted by the Centre but nothing progressed in the matter as it met only twice following which it became defunct.
The Tamil Nadu government led by senior advocates V Krishnamurthy and G Umapathy objected to the change of stand by the Centre. In May last year, the Centre had agreed to constitute the Pennaiyar inter-state water dispute tribunal within a month after concluding that there was no scope for negotiations.
Bhati said, “Water disputes must be seen with some amount of sensitivity. There are no easy solutions for such disputes. A new government has taken over in Karnataka and it seeks time to negotiate a solution. But if this is the attitude of the other side, it seems they are not even interested in this proposal.”
Senior advocate Wasim Qadri, who appeared along with ASG Bhati told the Court that on October 10 last year the Centre filed an affidavit indicating this position and sought a deferment of 12 weeks on the proposal to constitute a tribunal. He said, “Once the issue is settled outside court, it will save the money and time on both sides.”
The Court noted in its order, “The committee constituted on January 20, 2020 failed to make a serious endeavour to resolve the case...It is pointed out that the committee met on two occasions and practically became defunct.”
The Pennaiyar river water dispute is one among the many battles being fought over water between the two states. The two states have already locked horns on sharing of water from river Cauvery. Tamil Nadu had raised a complaint against Karnataka under the 1956 Act in November 2019.
