Summary of the Order/Judgment
A petition was filed under Article 32 of the Constitution of India by the petitioner, an organisation of agriculturists, for direction to the Union of India to refer the dispute relating to water utilisation of Cauvery river and its equitable distribution in terms of Section 4 of the Inter State River Water Disputes Act, 1956 and to seek a writ of mandamus to the State of Karnataka not to proceed with construction of dams and to restore supply of water to Tamil Nadu as laid down in the 1924 Agreement between the two States. The State of Tamil Nadu had sent a complaint dated July 6, 1986 to the Central Government under section 3 of the Inter State River Water Disputes Act, 1956 for reference of their disupte with the State of Karnataka to a tribunal for adjudication.
The Court ruled that Section 4 of the 1956 Act indicates that on the basis of the request referred to in Section 3 of the 1956 Act, if the Central Government is of the opinion that the water dispute cannot be settled by negotiation, it is mandatory for it to constitute a Tribunal for adjudication. In this case, the stage had been reached when the Central Government must be held to be of opinion that the water dispute can no longer be settled by negotiation and it thus becomes their obligation to constitute a Tribunal and refer the dispute to it. The Union of India was given a direction to this effect.