Set up Pennaiyar river water dispute tribunal within 3 months: SC to Centre

The Supreme Court on Wednesday asked the Centre to constitute within three months the Pennaiyar River Water Tribunal to resolve the dispute over the sharing of water between Karnataka and Tamil Nadu.

A bench of Justices MR Shah and CT Ravikumar refused to accept the Centre's request for six months time to decide on setting-up of the tribunal.

It noted the snail's pace at which things are moving in the matter and asked, "Is government interested in constituting the tribunal? We give you a month's time, otherwise, we will proceed with the (hearing) of the matter."

Initially, the bench told the Centre's counsel that it will the Central government a month's time to complete the task of constituting the tribunal.

"We cannot grant you six months", Justice Shah while pointing out that the "application for constituting tribunal is since long."

Additional Solicitor General Aishwarya Bhati told the court that we tried to resolve the issue through negotiation and mediation but it failed.

A cabinet note has been prepared and the same has been approved by the Minister of Jal Shakti, Bhati told the bench.

ASG Bhati told the court that a cabinet note has been circulated to Union Home Ministry, Finance Ministry, Law and Justice Ministry and the Prime Minister's office for comments and observations and it will take two weeks' time.

Thereafter the final note will be placed before the cabinet for approval, she added.

An unimpressed court said that Parliament is in session, and the cabinet meeting can be called anytime. "Everything can be done in 24 hours", the bench observed.

The Supreme Court in November 2019 had permitted the Tamil Nadu government to invoke the powers of the Central government in terms of the provisions of the Inter-State Water Disputes Act and seek the constitution after a row over sharing water.

On January 20, 2020, the Centre constituted the negotiations committee to resolve the water dispute.

The State's view is that the rights and interest of the State in river Pennaiyar and its tributaries, an inter-state river, have been prejudicially affected by the executive action of Karnataka by its various works, and in violation of 1892 and 1933 agreements.

Tamil Nadu complained that Karnataka has taken up construction of a reservoir across Markandeyanadhi, a tributary of Pennaiyar, diverts surplus waters of Varathur tank, implements lift irrigation scheme at Yellamallappa Chetty tank, pumps water at Belahalli and a scheme to pump the waters of Pennariyar from Thattanur village to distribute to 160 tanks.