Summary of the Order/Judgment
A writ petition was filed under Article 32 of the Constitution for a direction to the Government of India to take appropriate steps to nationalise all rivers in the country, to inter-link rivers in the southern peninsula and to formulate a scheme whereby water from west flowing rivers could be channelized and equitably distributed.
The Court held that under section 11 of the Inter State River Water Disputes Act, 1956, its jurisdiction is ousted only with regard to adjudication of the dispute and not all matters incidental thereto. This matter did not fall within the meaning of the terms use, distribution or control of water and was thus not a water dispute as per the 1956 Act. Regarding the reliefs claimed, the Court opined that it was not equipped to take expert decisions which should be left to the Central Government and the concerned States. The requirements in the present case had different dimensions, planning, acquisition, financing, pricing, civil construction, environmental issues, which are policy decisions affecting legislative competence and would squarely fall in the domain of the Governments of the States and the Centre. They thus directed that a special committee be set up for this purpose.