NEW DELHI: The Supreme Court on Wednesday granted three months time to the Centre to set up Penniyar Water Disputes Tribunal to resolve the issues related to sharing of water between Tamil Nadu and Karnataka.
A bench of Justices M R Shah and C T Ravikumar did not allow a plea by the Union government seeking six months time to complete the entire process as per the established procedure to set up the tribunal.
In its application, Additional Solicitor General Aishwarya Bhati and senior advocate S Wasim A Qadri submitted that the Cabinet note for the constitution of Penniyar Water Disputes Tribunal has been approved by Minister (Jal Shakti) and the same has been circulated to the Ministry of Home Affairs, Ministry of Law & Justice, Ministry of Finance and Prime Minister Office on November 29 for their comments within two weeks.
The counsel also said the decision would require Cabinet approval as well and it would take six months time.
The bench said it would grant three months time for the setting up of the tribunal, saying it should not have taken more than 24 hours.
The court fixed the matter for further hearing on Tamil Nadu's plea on March 14.
Senior advocates Shyam Divan and Mohan V Katarki, appearing for the Karnataka government, opposed the formation of tribunal, saying no prima facie case was made Tamil Nadu in its complaint and negotiation has remained inconclusive.
In its complaint filed on November 30, 2019, Tamil Nadu contended Karnataka has taken up construction of a reservoir across Markandeyanadhi, a tributary of Pennaiyar, diverted surplus waters of Varathur tank, implemented lift irrigation scheme at Yellamallappa Chetty tank, pumped water at Belahalli and launched a scheme to pump the waters of Pennariyar from Thattanur village to distribute to 160 tanks.
On November 14, 2019, the Supreme Court permitted the Tamil Nadu government to invoke the powers of the Union government in terms of the provisions of the Inter-State Water Disputes Act and seek the constitution of a tribunal on the dispute over sharing of water.
On January 20, 2020, the Union government constituted the negotiations committee to resolve water dispute.
However, the counsel said negotiations could not resolve the matter, despitae the meetings.
The Union government, in its plea, said the Cabinet note has to vetted legally by Ministry of Law and Justice. Thereafter, a gazette notification of formation of Pennaiyar Water Disputes Tribunal will be issued after approval of the Union Cabinet.
