ATMA LINGA REDDY AND ORS. versus UNION OF INDIA

ATMA LINGA REDDY AND ORS. versus UNION OF INDIA

The Supreme Court has no jurisdiction to entertain the present writ petition under Article 32 relating to an inter-State river water dispute, as such jurisdiction is expressly barred by Section 11 of the Inter State River Water Disputes Act, 1956, read with Article 262 of the Constitution. Furthermore, the dispute regarding construction and operation of the Mini Hydel Power Project at Rajolibanda is already pending before the Tribunal constituted under the Act and is sub judice; hence, the writ petition is not maintainable.

Parties
Petitioners: Atma Linga Reddy and Others; Respondent: Union of India
Jurisdiction
India
Judgment Date
10 July 2008
Procedural Posture
Writ Petition (civil) / Final Judgment Dismissal
Outcome
Writ Petition dismissed as not maintainable. No order as to costs.
Legal Topics
Maintainability of Writ Petition Under Article 32, Jurisdiction of Courts in Inter State Water Disputes, Bar Under Section 11 of the Inter State River Water Disputes Act, Public Interest Litigation
Constitutional Law Administrative Law Water Law Maintainability of Writ Petition Under Article 32 Jurisdiction of Courts in Inter State Water Disputes Bar Under Section 11 of the Inter State River Water Disputes Act Public Interest Litigation

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Parties

Atma Linga Reddy and Others

Petitioners

Union of India

Respondent

Procedural Posture

Writ Petition (civil) / Final Judgment Dismissal

Legal Issues

  1. 1 Whether the writ petition under Article 32, involving inter-State river water dispute, is maintainable before the Supreme Court in view of Section 11 of the Inter State River Water Disputes Act, 1956
  2. 2 Whether the pending proceedings on the same dispute before the Tribunal under the 1956 Act require dismissal of the present petition
  3. 3 Whether a petition filed by private individuals/inhabitants as pro bono publico can escape the statutory bar of jurisdiction

Ratio Decidendi

The Supreme Court has no jurisdiction to entertain the present writ petition under Article 32 relating to an inter-State river water dispute, as such jurisdiction is expressly barred by Section 11 of the Inter State River Water Disputes Act, 1956, read with Article 262 of the Constitution. Furthermore, the dispute regarding construction and operation of the Mini Hydel Power Project at Rajolibanda is already pending before the Tribunal constituted under the Act and is sub judice; hence, the writ petition is not maintainable.

Court Disposition

Writ Petition dismissed as not maintainable. No order as to costs.

Orders

  • Writ Petition dismissed as not maintainable.
  • No order as to costs.