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1995 DIGILAW 1026 (SC)

State of Tamil Nadu v. State of Karnataka

1995-09-07

A.M.AHMADI, S.C.SEN

body1995
JUDGMENT : 1. After hearing counsel, the Court framed the following issues for decision of the suit: (1) whether, in view of the provisions contained in Article 262 of the Constitution of India and Section 11 of the Inter-State Water Disputes Act, 1956, the suit is not maintainable? (2) Whether, a suit for the enforcement of an interim order of the Inter-State Water Disputes Tribunal (constituted under the Inter-State Water disputes Act, 1956) is a suit relating to a water dispute? If yes, what is its effect? (3) Whether, the jurisdiction of this Court under Article 131 of the Constitution of India cannot be invoked unless the Cauvery Water Disputes Tribunal has recorded a finding that there has been a violation of its order dated 25.6.91 and/or 3.4.92? (4) Whether, by the order dated 3.4.92 the Cauvery Water disputes Tribunal can be said to have modified its order dated 25.6.91 under Section 5(3) of the Inter-State Water Disputes Act, 1956? If yes, what is its effect? (5) Whether, it is open to the State of Karnataka to unilaterally reduce the monthly release of water required to be made as per the order dated 25.6.91 read with order dated 3.4.92 under the 'distress clause' stated to have been provided by the Tribunal? (6) Whether, the plaintiff is entitled to all or any of the reliefs claimed in paragraphs a,b and c of the Plaint? (7) What order? 2. List the matter on 21.11.95.