Summary of the Order/Judgment
A petition was filed under Article 32 of the Constitution of India for an appropriate writ, direction or order, restraining Karnataka from constructing the Mini Hydro Power Project at Rajolibanda Diversion Scheme (RDS) by quashing and cancelling the Power Project. Direction was also sought to regulate water at RDS anicut and to ensure smooth flow of water in the RDS canal to the extent of full allocated water of 15.9 TMC to the State of Andhra Pradesh. The petitioner also contended that due to the project, sufficient water for drinking purpose and for irrigation facilities was not available to the residents and farmers of District Mehboobnagar in Andhra Pradesh. Petitioners further contended that the bar envisaged by Section 11 of the Inter State River Water Disputes Act, 1956 would not cover cases of private individuals approaching the Court pro bono publico.
The Court held that the petition could not be entertained, as barred by section 11 of the 1956 Act, as the matter falls under the ambit of water dispute. Further, the question of construction of the Mini Hydel Project was sub judice before the Krishna Water Disputes Tribunal constituted under the Act. Hence, the petition was dismissed.