STATE OF ORISSA versus GOVERNMENT OF INDIA & ANR.

STATE OF ORISSA versus GOVERNMENT OF INDIA & ANR.

Unilateral action by Andhra Pradesh to divert water, potentially disturbing an inter-state agreement for equal sharing, constitutes a water dispute under Section 2(c) of the Inter-State Water Disputes Act, 1956. Given Orissa's pending complaint and inactivity by the Union, Supreme Court directs constitution of a Water Dispute Tribunal under Section 4 within six months, and orders status quo in the meanwhile.

Parties
Petitioner: State of Orissa; Respondent: Government of India; Respondent: State of Andhra Pradesh
Jurisdiction
India
Judgment Date
06 February 2009
Procedural Posture
Writ Petition (civil) / Final Disposition Before Supreme Court
Outcome
Writ petition allowed; directions issued
Legal Topics
Water Rights, Federalism, Right to Life, Equitable Water Sharing, Formation of Water Dispute Tribunals
Inter State Water Disputes Constitutional Law Administrative Law Water Rights Federalism Right to Life Equitable Water Sharing Formation of Water Dispute Tribunals

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Parties

State of Orissa

Petitioner

Government of India

Respondent

State of Andhra Pradesh

Respondent

Procedural Posture

Writ Petition (civil) / Final Disposition Before Supreme Court

Legal Issues

  1. 1 Whether the dispute relating to construction and diversion of Vansadhara river water by Andhra Pradesh constitutes a 'water dispute' under the Inter-State Water Disputes Act, 1956
  2. 2 Whether the Union Government is obliged to constitute a Water Dispute Tribunal under Section 4 of the Act upon complaint by a State
  3. 3 Whether interim relief/status quo can be ordered by the Supreme Court in exercise of Article 32 pending Tribunal formation

Ratio Decidendi

Unilateral action by Andhra Pradesh to divert water, potentially disturbing an inter-state agreement for equal sharing, constitutes a water dispute under Section 2(c) of the Inter-State Water Disputes Act, 1956. Given Orissa's pending complaint and inactivity by the Union, Supreme Court directs constitution of a Water Dispute Tribunal under Section 4 within six months, and orders status quo in the meanwhile.

Court Disposition

Writ petition allowed; directions issued

Orders

  • Central Government is directed to constitute a Water Disputes Tribunal under Section 4 of the Inter-State Water Disputes Act, 1956 within six months and refer the dispute to it.
  • State of Andhra Pradesh is to maintain status quo as on date with regard to construction of Side Channel Weir and Flood Flow Canal at Katragada, pending Tribunal constitution and reference.