Supreme Court orders Centre to set up tribunal for Pennaiyar river dispute

The Supreme Court has directed the Union government to constitute an inter-state river water disputes tribunal to adjudicate the long-running dispute between Tamil Nadu and Karnataka over the sharing of waters of the Pennaiyar river system.

A bench comprising justices Vikram Nath and N.V. Anjaria ordered the Centre to issue a formal notification in the Official Gazette and set up the tribunal within one month. The court also directed that Tamil Nadu’s complaint be referred to the tribunal under Section 5 of the Inter-State River Water Disputes Act, 1956.

“We find no reason to refrain from directing the central government to issue an appropriate notification and to constitute a water disputes tribunal for the adjudication of the inter-state water dispute between the parties,” the bench said.

The ruling came on an original suit filed by the Tamil Nadu government seeking judicial intervention over projects undertaken by Karnataka in the Pennaiyar basin, including works related to the Markandeya Nadhi, a tributary of the river.

Tamil Nadu has argued that several upstream projects and water pumping schemes proposed or executed by Karnataka could seriously affect downstream flows, harming agriculture, drinking water supply and the livelihoods of people in the state’s northern districts.

In its plea, Tamil Nadu sought the constitution of a tribunal under Section 3 of the 1956 Act and asked that its formal complaint, submitted to the Centre in November 2019, be referred for adjudication.

The state also requested interim directions to Karnataka to maintain the status quo on the construction of a dam across the Markandeya Nadhi near Yargol village, as well as on pumping water from tanks and directly from the Pennaiyar river.

Additionally, Tamil Nadu urged the court to restrain Karnataka from initiating any new projects in the Pennaiyar basin until the dispute was finally resolved by the tribunal.

The state told the court that repeated negotiations and ministerial-level discussions between the two governments had failed to produce a settlement, leaving no option but to seek judicial intervention. The Centre had earlier maintained that the dispute should be resolved through inter-governmental dialogue.

Under the Inter-State River Water Disputes Act, once a tribunal is constituted, the Union government is required to refer the dispute and all related issues to it for adjudication, with the tribunal’s decision binding on the states involved.

The Pennaiyar, also known as the Dakshina Pinakini, flows through Karnataka before entering Tamil Nadu, where it is a vital source of water for agriculture and local communities.

With IANS inputs