TAMIL NADU CAUVERY NEERPPASANA VILAIPORULGAL VIVASAYIGAL NALA URIMAI PADHUGAPPU SANGAM versus UNION OF INDIA AND ORS.

TAMIL NADU CAUVERY NEERPPASANA VILAIPORULGAL VIVASAYIGAL NALA URIMAI PADHUGAPPU SANGAM versus UNION OF INDIA AND ORS.

Because repeated attempts at negotiation have failed and the Central Government has indicated it does not wish to undertake further negotiations, it must be held statutory obligation under Section 4 arises. The Central Government is directed to constitute a tribunal for adjudication of the Cauvery water dispute within one month.

Parties
Petitioner: Tamil Nadu Cauvery Neerppasana Vilaiporulgal Vivasayigal Nala Urimai Padhugappu Sangam; Respondent: Union of India; Respondent: State of Karnataka; Respondent: State of Tamil Nadu; Respondent: State of Kerala; Respondent: Union Territory of Pondicherry
Jurisdiction
India
Judgment Date
04 May 1990
Procedural Posture
Writ Petition / Final Disposition
Outcome
Petition allowed
Legal Topics
Inter State River Water Disputes, Riparian Rights, Mandamus, Jurisdiction Bar, Tribunal Constitution
Constitutional Law Water Law Administrative Law Inter State River Water Disputes Riparian Rights Mandamus Jurisdiction Bar Tribunal Constitution

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Parties

Tamil Nadu Cauvery Neerppasana Vilaiporulgal Vivasayigal Nala Urimai Padhugappu Sangam

Petitioner

Union of India

Respondent

State of Karnataka

Respondent

State of Tamil Nadu

Respondent

State of Kerala

Respondent

Union Territory of Pondicherry

Respondent

Procedural Posture

Writ Petition / Final Disposition

Legal Issues

  1. 1 Whether the Central Government is statutorily bound to constitute a tribunal for adjudication of the Cauvery water dispute under Section 4 of the Inter-State Water Disputes Act, 1956
  2. 2 Whether the Supreme Court has jurisdiction to adjudicate water disputes covered under the Act

Ratio Decidendi

Because repeated attempts at negotiation have failed and the Central Government has indicated it does not wish to undertake further negotiations, it must be held statutory obligation under Section 4 arises. The Central Government is directed to constitute a tribunal for adjudication of the Cauvery water dispute within one month.

Court Disposition

Petition allowed

Orders

  • Central Government directed to constitute and notify in the official Gazette an appropriate tribunal for adjudication of the Cauvery water dispute within one month.
  • No order as to costs.