Important Point
Neither the prvisions of Article 131 nor Article 32, including PIL by individuals could be invoked in inter-State water disputes.

Judgment

C.K. Thakker, J. —

1.The present writ petition is instituted by the petitioners as pro-bono publico and is in the nature of Public Interest Litigation (PIL). The petitioners have approached this Court by invoking Article 32 of the Constitution praying for an appropriate writ, direction or Order, restraining respondent No. 2 - State of Karnataka and respondent No. 4 - Sree Swarna Energy Limited, from constructing a Mini Hydro Power Project at Rajolibanda Diversion Scheme (‘RDS’ for short), Raichur District, Karnataka, by quashing and canceling the Power Project. A prayer is also made to direct the State of Karnataka to regulate water at RDS anicut and to ensure smooth flow of water in the RDS canal to the extent of full allocated water of 15.9 TMC to the State of Andhra Pradesh. By way of interim relief, a prayer is made to grant stay against construction of Power Project at RDS.

2.It is stated by the petitioners in the petition that they are citizens of India and are residents of District Mehboobnagar in the State of Andhra Pradesh. They are having agricultural lands in the ayacut under RDS (Rajolibanda Diversion Scheme). According to the petitioners, RDS is an inter-State irrigational project covering lands in the States of Karnataka and Andhra Pradesh. The project comprises of an ayacut of RDS on the river Tunghabadra (inter-State river), tributary of river Krishna, near Village Rajolibanda in Raichur District in the State of Karnatka. The canal is of the length of about 89 miles (143 KM) having discharge capacity of 850 cusecs of water. It was constructed by the then Nizam of Hyderabad before more than fifty years.

3.According to the petitioners, consequent upon the reorganization of States under the States Reorganization Act, 1956, the State of Andhra Pradesh was formed. 26/27 miles (41.6 KM) of the canal with an ayacut of 5,900 acres fell within the State of Mysore (now the State of Karnataka) while the remaining portion of about 63 miles (100.4 KM) of canal with an ayacut of 87,000 acres came within the State of Andhra Pradesh.

4.The petitioners stated that RDS caters needs of drinking and irrigation water in Mehboobnagar District, which is a drought-prone area of the State of Andhra Pradesh. About 40,000 farmers, out of which 30,000 are small and marginal farmers, are entirely dependent on the water from the said canal for drinking, irrigation, sanitation and other domestic purposes.

5.The petitioners contended that respondent No. 2 - State of Karnataka has acted illegally and unlawfully in sanctioning and approving the Power Project in favour of respondent No. 4 - a private party. Due to the said project, sufficient water for drinking purpose and for irrigation facilities is not available to the residents and farmers of District Mehboobnagar of the State of Andhra Pradesh. The petitioners in the larger interest of the public are, therefore, constrained to approach this Hon’ble Court under Article 32 of the Constitution.

6.The petitioners stated that for equitable distribution of water of river Krishna and the river valley thereof, the Central Government, by a notification dated April 10, 1969 under the inter-State Water Disputes Act, 1956 (ACT XXXIII of 1956) (hereinafter referred to as ‘the Act’) created and established Krishna Water Disputes Tribunal, headed by Hon’ble Mr. Justice Bachawat, the then sitting Judge of this Hon’ble Court. The Tribunal was to resolve claims and disputes between various States and allocation of water of river Krishna and its tributaries among the riparian States. The States of Maharashtra, Karnataka and Andhra Pradesh are the riparian States of the inter-State Krishna river. Whereas the State of Karnataka is at the top, the State of Andhra Pradesh is the lowest riparian State. The Tribunal considered the competing claims of all the States and submitted interim report on December 24, 1973. The final report was submitted by the Tribunal on December 27, 1976 under Section 5 of the Act. The