Summary of the Order/Judgment
Appeals by special leave were filed under Article 136 of the Constitution of India directed against the order of the Cauvery Water Disputes Tribunal where it denied the interim reliefs sought by Tamil Nadu on the ground that they were not covered by the reference made by the Central Government under section 4 of the Inter State River Water Disputes Act, 1956.
The Court held that in view of Article 262 of the Constitution and Section 11 of the 1956 Act, it had the jurisdiction to decide the parameters, scope, authority and jurisdiction of the Tribunal though it did not have the jurisdiction to decide the dispute pending before the Tribunal on merits.
It was further held that, though it was argued by the parties, the Court did not feel it necessary to deal with the broad question of whether or not Tribunals under the 1956 Act have the jurisdiction to grant interim reliefs. The Tribunal had refused to grant relief on the ground that the disputes in respect of the said matters had not been referred by the Central Government to the Tribunal. It was held that the interim reliefs prayed for by the petitioners were covered in the reference made by the Central Government. The Court set aside the Tribunal's order and directed it to decide the interim application on merits.