Inter-State Water Dispute: Karnataka Loses Bid for Immediate Relief, Court Recommends Fresh Proceedings

Facts

  • The Plaintiff State of Andhra Pradesh filed a suit against Defendant No.1 State of Karnataka in 2003 under the Inter-State River Water Disputes Act, 1956.
  • The Plaintiff sought injunctions to restrain Karnataka from constructing various water projects and impounding water until resolution of disputes.
  • The Plaintiff specifically mentioned projects like Paragodu Project on the Chitravathi river, Teeta Project, Nagarkare tank, and others in different districts.
  • The Plaintiff also requested the Government of India to take action in accordance with the Inter-State River Water Disputes Act.

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Analysis

  • The plaintiff requested the court to pass further decree or orders as deemed fit
  • The court will consider the facts and circumstances of the case before making a decision
  • Costs of the proceedings are to be awarded in favor of the plaintiff and against defendant No.1
  • The matter has been primarily focused on the issue of interim relief over the past 19 years.
  • The plaintiff State has not yet requested the constitution of an Inter-State River Water Disputes Tribunal to address the issues.
  • Various developments such as increased water usage for developmental activities have occurred in the basin during this time.
  • Parties have exchanged pleadings and evidence has been placed on record
  • The matter needs to be considered in the light of the present day situation

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Decision

  • The Original Suit is disposed of, leaving all questions of law open.
  • The plaintiff State is given liberty to take appropriate proceedings in law afresh, including approaching the Central Government to constitute an Inter-State River Water Disputes Tribunal or seek any other remedy.
  • The plaintiff State is allowed to rely on the pleadings and evidence provided in the case for taking appropriate steps in accordance with the law at any stage.

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Case Title: THE STATE OF ANDHRA PRADESH Vs. STATE OF KARNATAKA . (2022 INSC 1028)

Case Number: ORGNL.SUIT No.-000005-000005 / 2003

Click here to read/download original judgement

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