Supreme Court: Refer Pennaiyar River Dispute to Mahadayi Tribunal

• The Centre has invoked Article 142 to urge the Supreme Court to refer the Pennaiyar river dispute to the existing Mahadayi Water Disputes Tribunal.
• Karnataka and Tamil Nadu have been asked to respond to the Centre's plea within two weeks.
• The Mahadayi Tribunal was constituted under the Inter-State Water Disputes Act, 1956, and has been functioning since August 14, 2018.
• No hearings have taken place in the tribunal since June 16, 2020, despite its tenure being extended until August 15, 2027.

The Centre argued that referring the Pennaiyar dispute to the already existing Mahadayi Water Disputes Tribunal would be more efficient and cost-effective than setting up a new tribunal.

The Supreme Court has taken a significant step in resolving the Pennaiyar water dispute by seeking responses from Karnataka and Tamil Nadu on the Centre's plea to refer the matter to the existing Mahadayi Water Disputes Tribunal. This move comes after the Centre invoked Article 142, urging the Supreme Court to expedite the process of resolving the dispute. The Centre has argued that referring the Pennaiyar dispute to the Mahadayi Tribunal would be more efficient and cost-effective than setting up a new tribunal under the Inter-State Water Disputes Act, 1956. The existing tribunal has already been in place since August 14, 2018, and has submitted its Report-cum-Award under Section 5(2) of the Act on that date. However, no hearings have taken place since June 16, 2020, despite the tribunal's tenure being extended until August 15, 2027.

The Centre's plea to refer the Pennaiyar dispute to the Mahadayi Tribunal is based on Article 142 of the Constitution, which grants the Supreme Court the power to pass orders that are necessary for the administration of justice. The Centre has argued that referring the dispute to an existing tribunal would obviate the need for setting up a new one, thereby avoiding delays and duplication of institutional infrastructure. This approach is in line with the principles of judicial economy and the efficient use of resources. The Mahadayi Water Disputes Tribunal was constituted under the Inter-State Water Disputes Act, 1956, and has been functioning since August 14, 2018. Its Report-cum-Award was published in the Gazette of India on February 27, 2020, following a Supreme Court order dated February 20, 2020.

The Pennaiyar water dispute is an inter-state issue between Karnataka and Tamil Nadu, with significant implications for the two states. The Centre's plea to refer the matter to the Mahadayi Tribunal has sparked a debate on the most effective way to resolve such disputes. Lawyers and compliance officers should be aware of the potential delays in resolving the Pennaiyar river dispute, as referring it to the existing Mahadayi Tribunal could expedite the process. The Supreme Court's decision will have far-reaching consequences for the two states and will set a precedent for future inter-state water disputes.

Lawyers and compliance officers should watch for potential delays in resolving the Pennaiyar river dispute, as referring it to the existing Mahadayi Tribunal could expedite the process.

Source: Original reporting via Supreme Court Updates