New Delhi: The Supreme Court on Wednesday decided to examine whether the Krishna Water Disputes Tribunal-II has the jurisdiction to adjudicate the dispute relating to distribution of water between the Andhra Pradesh and Telangana State.
A Bench of Justices Dipak Misra and Prafulla C. Pant is hearing petitions filed by the states of Telangana, Andhra Pradesh, Karnataka and Maharashtra, questioning the Tribunal’s award. TS wants a fresh tribunal to be constituted to resolve the Krishna river water dispute among the states of AP, Karnataka and Maharashtra.
During the hearing that resumed on Wednesday, the Centre informed the court that the vacancy in the Tribunal had been filled on September 24 with the appointment of Justice Ram Mohan Reddy of the Karnataka High Court and that the Tribunal can proceed with the adjudication of dispute between TS and AP.
Senior counsel T.R. Andhyarujina for Maharashtra and counsel Mohan Katarki brought to the notice of the court that the term of the tribunal has been extended by two years only for adjudicating the dispute between TS and AP.
However, senior counsel C.S. Vaidyanathan for Telangana questioned the jurisdiction of the tribunal to resolve the dispute. He said after the new state came into existence, allocation of water has to be adjudicated afresh either by the present Tribunal or by a new Tribunal. Taking note of this submission, the Bench passed an order to examine the jurisdiction of the Tribunal first and then to go into the appeals challenging the earlier award of the Tribunal relating to distribution of water among the three States of Maharashtra, Karnataka and Undivided AP.
In its fresh petition, TS said the right to access water being a human rights issue, fresh allocation of water must be made and the earlier award should be set aside. It said that under the law the Centre was to take a decision within one year for setting up a new Tribunal on receipt of a complaint.
However, the Centre had not taken any decision till date and had not responded to the state’s complaint. It said the Union of India had a statutory obligation to refer the dispute to a new tribunal but it had failed to do so and hence the present writ petition has been filed.
It sought a direction to the Centre to set up a fresh tribunal. The Bench posted the matter for final hearing on October 15.
