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