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2009 Supreme(SC) 190

ALTAMAS KABIR, MARKANDEY KATJU
STATE OF ORISSA – Appellant
Versus
GOVERNMENT OF INDIA – Respondent


ALTAMAS KABIR, J.

( 1 ) THE State of Orissa has filed this writ petition under Article 32 of the Constitution of India, wherein the Government of India has been made the Respondent No. 1 and the state of Andhra Pradesh has been made the respondent No. 2, inter alia, for the following reliefs :-

"a) direct the Government of India to constitute an appropriate Tribunal under section 4 of the Inter State Water Disputes act, 1956 and thereafter, refer to it the dispute relating to the construction of Side channel Weir and Flood Flow Canal project at Katragada on the river vansadhara by the State of Andhra pradesh; b) issue a writ of mandamus commanding the State of Andhra Pradesh to forbear from carrying on any works of the proposed project;"

( 2 ) AS indicated in the very opening paragraph, the writ petition was filed by the State of orissa for a direction to the Central government to constitute a Water Disputes tribunal under the Inter-State Water Disputes act, 1956 and to refer to the Tribunal the dispute contained in the complaint made by the State of Orissa on 13th February, 2006, as to whether the State of Andhra Pradesh was justified in constructing a Side Channel weir and Flood Fl



















































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