‘River awards outside Supreme Court purview’

New Delhi, April 3: A Constitution Bench of the Supreme Court has permitted the State of Karnataka (petitioner) to withdraw its special leave petition filed in the court against the award of the Krishna Waters Tribunal.

The Tribunal had, in its awards, directed that the distribution of the waters of the Krishna and its tributaries, among Karnataka, Maharashtra and Andhra Pradesh was limited to 75 per cent of the “dependable flows” and had determined 2, 060 tmc feet. during a water year on the basis of the agreement of the parties. Of this total availability, the Tribunal had allocated 800 tmc feet. to Andhra Pradesh, 695 tmc feet. to Karnataka and 565 tmc feet. to Maharashtra.

According to the petitioner, the Tribunal had allocated water to Maharashtra and Andhra Pradesh keeping intact the existing utilisations without recording a finding whether the interests of Karnataka were or were likely to be affected prejudicially as required by the InterState Water Disputes Act and without further finding as to the optimum use to which the water might be out.

Mr. C. K. Daphtary, former AttorneyGeneral, who argued for the petitioner State, contended that the jurisdiction of the Supreme Court to entertain an appeal under Article 136 of the Constitution (special leave jurisdiction) against a decision of an InterState Water Tribunal was barred only in respect of a “water dispute” within the meaning of InterState Water Disputes Act.

Counsel said the jurisdiction of the Supreme Court under Article 136 was not ousted because of Article 262 (adjudication of disputes relating to waters of interState rivers or river valleys, etc.)