Did the SC Order the Centre to Establish a Tribunal for the Pennaiyar River Dispute?
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New Delhi, Feb 2 (NationPress) In a significant ruling, the Supreme Court directed the Union government to form an inter-State river water disputes tribunal aimed at addressing the longstanding conflict between Tamil Nadu and Karnataka regarding the allocation of water from the inter-State Pennaiyar (also called Dakshina Pinakini) river system.
A Bench comprising Justices Vikram Nath and N.V. Anjaria mandated that the Centre publish a formal notification in the Official Gazette and establish the tribunal within one month. They also instructed that Tamil Nadu's complaint be forwarded to the tribunal in accordance with Section 5 of the Inter-State River Water Disputes Act, 1956.
The ruling was in response to an original suit initiated by the Tamil Nadu government, seeking the formation of a tribunal to mediate disputes arising from projects implemented by Karnataka in the Pennaiyar basin, including works related to the Markandeya Nadhi.
Tamil Nadu argued that numerous upstream initiatives and pumping operations executed by Karnataka could negatively affect its downstream interests and the livelihoods of its residents.
In its legal action, Tamil Nadu urged the apex court to compel the Centre to set up a tribunal under Section 3 of the Inter-State River Water Disputes Act, 1956, and to refer its complaint, submitted back in November 2019, for tribunal review.
Moreover, Tamil Nadu requested that Karnataka be instructed to maintain the current conditions regarding the construction of a dam on the Markandeya Nadhi near Yargol village, as well as the pumping of water from various tanks and directly from the Pennaiyar river, until the tribunal was constituted.
Additionally, Tamil Nadu sought to prohibit Karnataka from launching any new projects in the Pennaiyar basin until the dispute is resolved. They emphasized that ongoing negotiations and ministerial discussions between both States had failed to produce any resolution, highlighting the need for judicial intervention.
Previously, the Centre had recommended that the matter be settled through inter-governmental discussions.
Under Section 5 of the Inter-State River Water Disputes Act, once a tribunal is formed, the Central government is required to refer the water dispute and all related issues to it for resolution.