Case: State of Tamilnadu Etc Vs. State of Karnataka and Others

1959 and held that these provisions were also indicative of the fact that the Tribunal had no power to grant any interim relief of the nature asked for. It was observed in this regard that in case intention of Parliament was that the Tribunal may be able to grant any interim relief without the dispute being referred to the Tribunal, it would have either provided such powers in the Act itself or in the rules framed under the Act, but this has not been done.As regards the second submission the Tribunal held that it was wrong to contend that the State of Tamilnadu was left with no remedy available to it, because it was open for the State of Tamilnadu to approach the Central Government and if the Central Government found that the dispute was connected with or related to the water dispute already referred to the tribunal, it was open to it to refer the said dispute also to the Tribunal in regard to the granting of an interim relief. In the view taken above, the Tribunal was of the opinion that it cannot entertain the applications for the grant of interim reliefs. We have considered the arguments made by Mr.K. Parasaran on behalf of the appellants and Dr. Chitale and Mr. Nariman for the respondents. Learned counsel for the Union Territory of Pondicherry adopted the arguments of Mr. K. Parasaran and learned counsel for the State of Kerala adopted the arguments of Dr. Chitale. A perusal of the order of reference dated 2.6.90 as already extracted above clearly goes to show that the Central Government had referred the water disputes regarding the inter-State river Cauvery and the river valley thereof, emerging from letter dated 6th July, 1986 from the Government of Tamilnadu. Thus all the disputes emerging from letter dated 6th July, 1986 had been referred to the Tribunal. The Tribunal committed a serious error in omitting to read the following important paragraph contained in the aforesaid letter dated 6.7.86: REQUEST FOR EXPEDITIOUS ACTION IN REFERRING THE DISPUTE TO TRIBUNAL: "From 1974-75 onwards, the Government of Karnataka has been impounding all the flows in their reservoirs. Only after their reservoirs are filled up, the surplus flows are let down. The injury inflicted on this State in the past decade due to the unilateral action of Karnataka and the suffering we had in running around for a few TMC of water every time and crops reached the withering stage has been briefly stated in note (Enclosure- XXVIII). It is patent that the Government of Karnataka have badly violated the interstate agreements and caused irrepairable harm to the age old irrigation in this State. Year after year, the realisation at Mettur is falling fast and thousands of acres in our ayacut in the basin are forced to remain fallow. The bulk of the existing ayacut in Tamilnadu concentrated mainly in Thanjavur and Thiruchirappalli districts is already gravely affected in that the cultivation operations are getting long delayed, traditional double crop lands are getting r educed to single crop lands and crops even in the single crop lands are withering and falling for want of adequate wettings at crucial times. We are convinced that the inordinate delay in solving the dispute is taken advantage of by the Government of Karnataka in extending their canal systems and their ayacut in the new projects and every day of delay in adding to the injury caused to our existing irrigation." * The above passage clearly goes to show that the State of Tamilnadu was claiming for an immediate relief as year after year, the realisations at Mettur was falling fast and thousands of acres in their ayacut in the basin were forced to remain fallow. It was specifically mentioned that the inordinate delay in solving the dispute is taken advantage of by the Government of Karnataka in extending their canal systems and their ayacut in the new projects and every day of delay is adding to the injury caused to their existing irrigation. The Tribunal was thus clearly wrong in holding that the Central Government had not made any reference for granting any interim relief. We are not concerned, whether the appellants are entitled or not, for any interim relief on merits, but we are clearly of the view that the reliefs prayed by the appellants in their C.M.P. Nos. 4, 5 and 9 of 1990 clearly come within the purview of the dispute referred by the Central Government under Section 5 of the Act. The Tribunal has not held that it had no incidental and ancillary power for granting an interim relief, but it has refused to entertain the C.M.P. Nos . 4, 5 and 9 on the ground that the reliefs prayed in these applications had not been referred by the Central Government. In view of the above circumstances we think it is not necessary for us to decide in this case, the larger question whether a Tribunal constituted under the Water Disputes Act has any power or not to grant any interim relief. In the present case the appellants become entitled to succeed on the basis of the finding recorded by us in therir favour that the reliefs prayed by them in their C.M.P. Nos. 4, 5 and 9 of 1990 are covered in the reference made b y the Central Government. It may also be noted that at the fag end of the arguments it was submitted before us on behalf of the State of Kanataka that they were agreeable to proceed with the C.M.Ps. on merits before the Tribunal on the terms that all party States agreed that all questions arising out of or connected with or relevant to the water dispute (set out in the respective pleadings of the respective parties), including all applications for interim directions/reliefs by party States be determined by the Tribunal on merits. However, the above terms were not agreeable to the State of Tamilnadu as such we have decided the appeals on merits.

Decision (1 = appeal accepted, 0 = rejected): 1

Explanation:
1[ds]Thus, we hold that this Court is the ultimate interpreter of the provisions of the inter-State Water Disputes Act, 1956 and has an authority to decide the limits, powers and the jurisdiction of the Tribunal constituted under the Act. This Court has not only the power but obligation to decide as to whether the Tribunal has any jurisdiction or not under the Act, to entertain any interim application till it finally decides the dispute referred to it. There is thus no force in the above argument raised by Dr. Y.S. Chitale.We would no w examine the controversies raised on merits in these appeals. It was contended on behalf of the appellants before the Tribunal that it had jurisdiction to entertain these miscellaneous petitions for interim relief. Firstly, for the reason that when the Tribunal while exercising powers of granting interim relief it will be only exercising incidental and ancillary power, as the interim reliefs prayed for arise out of the water dispute which has been referred to the Tribunal. Secondly, under Article 262 of the Constitution of India, once the Parliament has enacted the Act providing for adjudication of a dispute in regard to sharing of water of Cauvery Basin, no other Court in the country has the jurisdiction to grant an interim relief and, as such, the Tribunal has the inherent powers to grant the interim relief, otherwise petitioners shall be left with no remedy for the enforcement of theirare clearly of the view that the reliefs prayed by the appellants in their C.M.P. Nos. 4, 5 and 9 of 1990 clearly come within the purview of the dispute referred by the Central Government under Section 5 of the Act. The Tribunal has not held that it had no incidental and ancillary power for granting an interim relief, but it has refused to entertain the C.M.P. Nos . 4, 5 and 9 on the ground that the reliefs prayed in these applications had not been referred by the Central Government. In view of the above circumstances we think it is not necessary for us to decide in this case, the larger question whether a Tribunal constituted under the Water Disputes Act has any power or not to grant any interim relief. In the present case the appellants become entitled to succeed on the basis of the finding recorded by us in therir favour that the reliefs prayed by them in their C.M.P. Nos. 4, 5 and 9 of 1990 are covered in the reference made b y the Central Government. It may also be noted that at the fag end of the arguments it was submitted before us on behalf of the State of Kanataka that they were agreeable to proceed with the C.M.Ps. on merits before the Tribunal on the terms that all party States agreed that all questions arising out of or connected with or relevant to the water dispute (set out in the respective pleadings of the respective parties), including all applications for interim directions/reliefs by party States be determined by the Tribunal on merits. However, the above terms were not agreeable to the State of Tamilnadu as such we have decided the appeals on merits.