Summary of the Order/Judgment
A writ petition was filed by Odisha under Article 32 of the Constitution of India for a direction to the Government of India to constitute an appropriate Tribunal under Section 4 of the Inter State River Water Disputes Act, 1956 and to thereafter refer to it the dispute relating to the construction of side channel weir and flood flow anal project at Katragada on the river Vansadhara by the State of Andhra Pradesh.
The Chief Ministers of the two States had agreed to share available water on 50:50 basis annually. On 18th February, 2005, a resolution was adopted at an inter-state meeting and an undertaking was given by the State of Andhra Pradesh that no work would be taken up on the Flood Flow Canal. Despite the undertaking, it continued with its construction work. A complaint filed before the Government of India, but no action was taken nor was any tribunal constituted.
The Court observed that in the event of a genuine water dispute between two States, a time-frame has been fixed for the constitution of a water disputes tribunal to settle the water dispute. In the present case, the dispute was not confined to construction of side channel weir and flood flow canal but involved a unilateral decision taken by the State of Andhra Pradesh to divert river waters. This could disturb the agreement to share the water of the river equally. Such a dispute must be held to be a water dispute within the meaning of Section 2(c)(i) of the 1956 Act. Hence, unless interim protection is given, the objection raised by State of Odisha would be rendered infructuous. Thus, the Central Government was directed to constitute a Tribunal within a period of six months. Meanwhile, Andhra Pradesh had to maintain status quo regarding the construction of side channel weir and flood flow canal.
The Court also observed that bar on its jurisdiction would come into play once the tribunal is constituted and the water dispute is referred to the said tribunal.
The tribunal was set up in 2010 and was reconstituted by the Government of India in 2011. Through an order on December 13, 2013, the Supreme Court directed that the the effective date of constitution of the Tribunal was ordered to be treated as 17th September, 2012.