UMESH C.BANERJEE, V.N.KHARE, S.B.MAJMUDAR, R.P.SETHI, G.B.PATTANAIK
State of Karnataka – Appellant
Versus
State Of A. P. – Respondent
Per G.B. Pattanaik, J.
The tribunal having given its decision on the question of sharing of the water in river Krishna on enbloc allocation basis, if the user of such water in a particular way, becomes detrimental to another State, then such a grievance would be a fresh dispute within the meaning of Section 2(C) read with Section 3 of the Act and it cannot be held to be an adjudicated dispute of the tribunal. It is only an adjudicated dispute between the States on which a decision has been given by a tribunal constituted under Section 4 of the Act by the Government of India, can be a subject matter of a suit under Article 131, if there is any breach in implementation of the said decision of the tribunal. But a dispute between the two states in relation to the said Inter-State river arising out of the user of the water by one State would be a fresh water dispute and as such would be barred under Article 262 read with Section 11 of the Inter-State Water Disputes Act, 1956. The question of submergence of land pursuant to the user of water in respect of an Inter-State river allocated in favour of a particular State is inextricably connected with the allocation of water itself and the pr
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