JUDGMENT

KASLIWAL, J (for himself and Punchhi, J.) — Special leave granted in SLP (C) No. 4991 of 1991.

2. These appeals by grant of special leave are directed against the order of the Cauvery Water Disputes Tribunal dated January 5, 1991.

The above appeals have been filed by the Governments of Tamil Nadu and Union territory of Pondicherry in respect of Civil Miscellaneous Petition (in short CMP) Nos. 4 and 9 of 1990 by the Government of Tamil Nadu and C.M.P. No. 5 of 1990 filed by the Union territory of Pondicherry and dismissed by the Tribunal by a common order dated Januarys, 1991.

3. As identical questions of law arise in these cases, we would state the facts of CMP filed by the Government of Tamil Nadu. The Government of Tamil Nadu filed a complaint dated July 6, 1986 on the ground that the interests of the State of Tamil Nadu and of its inhabitants (particularly the farmers in the Cauvery Delta) had been and is prejudiciously and injuriously affected by the executive action taken and proposed to be taken by the upper riparian State of Karnataka and by the failure of that State to implement the terms of the agreements relating to the use, distribution and control of the waters of river Cauvery. The said complaint was made to the Central Government under Section 3 of the Interstate Water Disputes Act, 1956 (hereinafter referred to as the Act).

4. The Central Government by Notification dated June 2, 1990 constituted the Cauvery Water Disputes Tribunal and passed the following order of reference :

No. 21/1/90-WD

Government of India

(Bharat Sarkar)

Ministry of Water Resources

(Jal Sansadhan Mantralaya)

New Delhi, June 2,1990

Reference

In the exercise of the powers conferred by sub-section (1) of Section 5, of the Interstate Water Disputes Act, 1956 (33 of 1956), the Central Government hereby refers to the Cauvery Water Disputes Tribunal for adjudication, the water disputes regarding the interstate river Cauvery and the river valley thereof, emerging from Letter No. 17527/K2/82-110 dated July 6, 1986 from the Government of Tamil Nadu (copy enclosed).

By order and in the name of the President of India (M.A. Chitale)

Secretary, (Water Resources)

Chairman,

The Cauvery Water Disputes Tribunal,

New Delhi

5. During the pendency of the above reference the Government of Tamil Nadu filed C.M.P. No. 4 of 1990 praying that the State of Karnataka be directed not to impound or utilise water of Cauvery river beyond the extent impounded or utilised by them as on May 31, 1972, as agreed to by the Chief Ministers of the Basin States and Union Minister for Irrigation and Power. It was further prayed that an order be passed restraining the State of Karnataka from undertaking any new projects, dams, reservoirs, canals etc., and/or from proceeding further with the construction of projects, dams, reservoirs, canals etc. in the Cauvery basin.

6. On September 8, 1990 C.M.P. No. 5 of 1990 was filed by the Union territory of Pondicherry seeking an interim order directing the States of Karnataka and Kerala to release the water already agreed to, that is, 9.355 TMC during the months September to March.

7. The Government of Tamil Nadu filed another emergent petition C.M.P. No. 9 of 1990 to direct the State of Karnataka to release at least 20 TMC of waters as a first instalment pending final orders on C.M.P. No. 4 of 1990. This petition was submitted on the ground that the Samba crop cannot be maintained without additional supplies at Mettur Reservoir.

8. All the above CMPs were opposed by the State of Karnataka and the State of Kerala both on merits as well as on a preliminary objection that the Tribunal had no power or jurisdiction to entertain these petitions to grant any interim relief. The preliminary objection was based on the ground that the Tribunal constituted under the Act had limited jurisdiction. It had no inherent power like an ordinary civil court. It was having only those powers which have been conferred on it under the Act and there was no provision of law whic