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2012 Supreme(SC) 685

R.M.LODHA, ANIL R.DAVE
State of Goa – Appellant
Versus
State of Karnataka – Respondent


Advocates appeared:
For the Petitioner:Ms. A. Subhashini, Advocate.
For the Respondents:M/s. H.P. Raval, A.S.G., S. Wasim A. Qadri, S.S. Rawat, D.S. Mahra, for UOI, M/s. F.S. Nariman, Sr. Adv., S.S. Javali, Mohan Katarki, Brijesh Kalappa, Subhash Sharma, Nishant Patil, M.B. Zirali, Anitha Shenoy, M/s. T.R. Andhyarujina, Sr. Adv., D.M. Nargolkar, Amey Nargolkar, Soumik Ghosal, Advocates.

Judgment :

The issue concerns residential accommodation to the Chairman and Members of the Mahadayi Water Disputes Tribunal (for short “the Tribunal”) constituted by the Central Government under Section 4 of the Inter-States Water Disputes Act, 1956 (for short “1956 Act”). The Tribunal was constituted by the Ministry of Water Resources, Government of India by Notification dated November 16, 2010. The Chairman of the Tribunal is a former Judge of this Court and the two members are former Judges of the Andhra Pradesh High Court and Madhya Pradesh High Court.

2. We are informed by Mr. H.P. Raval, learned Additional Solicitor General that the Chairman of the Tribunal assumed office on November 1, 2011 and the two members joined on November 16, 2011 and December 1, 2011 respectively. However, the residential accommodation, to which they are entitled, under the Inter State Water Disputes Rules, 1959 (for short “1959 Rules”), as amended from time to time, has not been made available to them so far.

3. Mr. Raval submitted that he had taken up the matter with the Secretary, Ministry of Water Resources, Government of India, but nothing concrete has fructified.

4. 1959 Rules have been made by












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