The instant Suit was filed in the year 2003 praying for
following reliefs:
“1. grant injunction restraining Defendant No.1 State
of Karnataka from constructing the Paragodu
Project on the Chitravathi river in Pennar basin
and impounding water therein, till resolution of
the water disputes under the provisions of the
Inter-State River Water Disputes Act, 1956.
2. grant injunction restraining Defendant No.1 State
of Karnataka from constructing, executing,
implementing, giving effect to or impounding
water, till resolution of the water disputes
under the provisions of the Inter-State River
Water Disputes Act, 1956, in the anicut across
Pennar river near Gowribidnur Village, Teeta
Project in Tumkur District, the Tank at
Pasalaparthi village of Bagepalli taluk, Kolar
District, the Nagarkare tank in Gowribidnur
village, the new tank near Muddalodu village in
Gowribidnur taluk, Karivenahalli tank in Pavagada basin around Baddipalli village of Kolar
M. Gollahalli Village in Gowribidnur taluk of
Kolar District, diversion anicut to feed
Cholasettihalli tank near Cholasettihalli village
in Gowribidnur taluk of Kolar District, the new tank near Jalagondanahalli village in Kolar District and Nagalamadaka anicut in Tumkur district.
3. direct Defendant No.2 Government of India to forthwith take action, in accordance with the Inter State River Water Disputes Act, 1956, for settlement/adjudication of disputes, between the Plaintiff State of Andhra Pradesh and Defendant No.1 State of Karnataka.
4. pass such further decree or decrees or order or orders as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case, and
5. award costs of these proceedings in faovur of the plaintiff and against the defendant No.1.”
The plaintiff State also prayed for interim relief as
follows:
“Pending hearing and final disposal of the Suit, the Defendant No.1 State of Karnataka be restrained by an order of ad-interim injunction of this Hon’ble Court form;
a. constructing the Paragodu Project on the Chitravathi river in Pennar basin and impounding water therein, till resolution of the water disputes under the provisions of the Inter-State River Water Disputes Act, 1956.
b. from constructing, executing, implementing, giving effect to or impounding water, till resolution of the water disputes under the provisions of the Inter-State River Water Disputes Act, 1956, in the anicus across Pennar river near Gowribidnur Village, Teeta Project in Tumkur District, the Tank at Pasalaparthi village of Bagepalli taluk, Kolar District, on the Nagarkare tank in Gowribidnur village, the new tank near Muddalodu village in Gowribidnur taluk, Karivenahalli tank in Pavagada taluk, several new Irrigation tanks in Papagni basin around
Baddipalli village of Kolar District, the tank across Katnakallu Vanka near M. Gollahalli Village in Gowribidnur taluk of Kolar District, diversion anicut to feed Cholasettihalli tank near Cholasettihalli village in Gowribidnur taluk of Kolar District, the new tank near Jalagondanahalli village in Kolar District and Nagalamadaka anicut in Tumkur district.”
It is a matter of record that appropriate request for
constituting an Inter-State River Water Disputes Tribunal to
go into the issues has not yet been made by the plaintiff
State. However, the matter has been engaging attention of this
Court principally on the issue of the interim relief to be
granted in the matter.
At this length of time, when 19 years have elapsed, it
will be extremely difficult to consider the matter purely from
the prospective of grant or non-grant of interim relief.
During the last 19 years, various developments, such as
augmentation of water from the concerned river for various
developmental activities including the need of the people in
the Basin, have taken place. At this juncture, the matter
therefore requires to be considered in the light of the
present day situation.
Having considered the entirety of the matter, in our
view, the proper course would be to relegate the plaintiff
State to take appropriate proceedings as are open to it in law
afresh, including approaching the Central Government for
constituting Inter-State River Water Disputes Tribunal or for
any other appropriate remedy.
We, therefore, dispose of this Suit giving liberty as
aforesaid to the plaintiff State.
At this stage, Mr. Mahfooz Ahsan Nazki, learned Advocate
appearing for the State brought to our notice that the parties
have exchanged pleadings and evidence was placed on record.
If said pleadings and the evidence are to be relied upon, the
plaintiff State may take appropriate steps in accordance with
law at any given stage.
The Original Suit is disposed of in aforesaid terms
leaving all questions of law open.
(J.B. PARDIWALA) New Delhi, September 28, 2022