Supreme Court asks Centre to file status report on TN's complaint over sharing of Pennaiyar water

The Supreme Court on Wednesday pulled up the Centre for the delay in resolving through negotiation a dispute of Tamil Nadu with Karnataka over the sharing of Pennaiyar water.

The Centre, for its part, said after forming the negotiation committee, it has "in principle" taken a decision to set up a tribunal and refer the complaint filed by Tamil Nadu on November 30, 2019.

The top court, however, gave the Centre four-weeks' time to file a status report, clarifying its position on the complaint filed by Tamil Nadu for setting up an inter-state water dispute tribunal in its row with Karnataka.

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Taking up Tamil Nadu's plea, a bench presided over by Justice M R Shah asked the Centre as to how long negotiation in the matter would continue.

“It (negotiation) can’t go on for 10 years,” the bench said, after Tamil Nadu's counsel claimed nothing had happened on negotiation since July 7, 2020 when such a committee had met.

The Karnataka government led by senior advocate Mohan V Katarki, however, submitted that it is a small matter which can be resolved through negotiation.

He said the inter-state water dispute tribunal can be formed only if the Union government is satisfied that the matter can't be resolved through negotiation as per mandate of Sec 4(1) of the Inter State River Water Disputes Act of 1956.

Katarki also submitted that his State is opposed to the constitution of a tribunal since the complaint of Tamil Nadu does not disclose any dispute even prima facie.

Senior advocate V Krishnamurthy, representing Tamil Nadu submitted that the central government has delayed formation of the tribunal even though Sec 4(1) mandates for Constitution within one year from the date of complaint.

As Tamil Nadu counsel said nothing had happened in the negotiation, the court said politics should not be brought here, as political issues are to be fought somewhere else.

Additional Solicitor General Aishwarya Bhati and senior advocate S Wasim A Qadri, appearing for the Centre, submitted that the complaint filed by Tamil Nadu has been referred to the negotiating committee. They sought four weeks' time to clarify the position in the dispute.

The court fixed the matter for consideration on December 14.

According to Tamil Nadu, 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.

It alleged that Karnataka has taken up construction of a reservoir across Markandeya Nadi, a tributary of Pennaiyar, diverts surplus waters of Varthur tank, implements lift irrigation scheme at Yellamallappa Chetty tank, pumps water at Bellahalli and a scheme to pump the waters of Pennariyar from Thattanur village to distribute to 160 tanks.

On November 14, 2019, the Supreme Court permitted the Tamil Nadu government to invoke the powers of the Union government in terms of the provisions of the Inter-State Water Disputes Act and seek the constitution of a tribunal on the dispute over sharing of water.

On January 20, 2020, the Union government constituted the negotiations committee to resolve the water dispute. The committee had so far held two meetings on February 24, 2020 and July 7, 2020.