Holding

The petition is not maintainable because Section 11 of the Inter‑State River Water Disputes Act, 1956 bars the jurisdiction of all courts in inter‑state water disputes, and the issue is pending before the Tribunal.

Summary

The petitioners, residents of Andhra Pradesh, filed a public interest litigation under Article 32 seeking to restrain Karnataka and a private company from constructing a Mini Hydro Power Project at the Rajolibanda Diversion Scheme, alleging water deprivation for drinking and irrigation. The respondents argued that the dispute is an inter‑state water matter governed by the Inter‑State River Water Disputes Act, 1956, and that Section 11 of the Act bars the jurisdiction of all courts, including the Supreme Court. The Court examined the constitutional scheme of Articles 262 and 131, held that Parliament has excluded judicial review of such disputes and that the issue is pending before the Krishna Water Disputes Tribunal. Consequently, the petition was deemed non‑maintainable and dismissed without costs.

Issues considered

Whether a writ petition under Article 32 is maintainable in an inter‑state water dispute.
Whether Section 11 of the Inter‑State River Water Disputes Act, 1956 bars the Supreme Court's jurisdiction in such disputes.
Whether private individuals have locus standi to approach the Court as pro bono publico in a water dispute.
Whether the matter is sub‑judice before the Krishna Water Disputes Tribunal, precluding court intervention.

Legislation cited

Inter‑State River Water Disputes Act, 1956s. 11, s. 3, s. 4, s. 5, s. 6

Subjects

Inter‑state water disputeArticle 32Article 262Section 11Tribunal jurisdictionRajolibanda Diversion SchemeMini Hydro Power ProjectPublic Interest LitigationLocus standiSupreme Court jurisdictionWater rights

Judgment

[2008] 10 S.C.R. 741

ATMA UNGA REDDY AND ORS. A
v.
UNION OF INDIA
(Writ Petition (C) No. 197 of 2005)
JULY 10, 2008
B
[C.K. THAKKER AND D.K. JAIN, JJ.]

Inter State River Water Disputes Act, 1956: s.11 - Juris-
diction to entertain - Held: Not maintainable - s. 11 bars juris-
diction of all Courts including Supreme court to entertain ad- c
;udication of any water disputes - The effect of the provisions
of s. 11 read with Article 262 of Constitution is that the entire
judicial power of the State and, of the courts including that of
the Supreme court to adjudicate upon original dispute or com-
plaint with respect to the use, distribution and '-::ontrol of the D
water river valleys has been vested in the Tribunal appointed
under s. 4 - Plea that the bar envisaged in s. 11 would not cover
cases of private individuals as pro bona publico and that its
application is limited to States not tenable - Constitution of In-
dia, 1950- Articles 262, 131.
E
Constitution of India, 1950: Articles 32, 262, 131 - Writ
petition seeking adjudication on river water disputes between
States - Maintainability of - Held: Not maintainable - s.11 of
1956 Act bars jurisdiction of all Courts including Supreme Court
to entertain adjudiction of any water disputes - On facts, the F
question of construction of Mini Hyde/ Project, is before the
Tribunal constituted under the 1956 Act and the matter is sub
iudice - Tribunal has also considered various applications
and passed orders from time to time and therefore for this rea-
son a/so writ petition is liable to be dismissed - Inter State G
River Water Disputes Act, 1956 - s11.
Administrative law: Public authority/State - Duty of, be-
fore the Court - Held: It is the duty of State orpublic authority
to place all the facts before the Court.
741 H
742 SUPREME COURT REPORTS [2008] 10 S.C.R.

A The present Writ Petition in the nature of Public In-
terest Litigation invoking Article 3.2 of the Constitution was
filed by residents of District Mehboobnagar in the State
of Andhra Pradesh wherein the petitioners prayed for an
appropriate writ, direction or order for restraining respon-
8 dent no.2, State of Karnataka and respondent no.4 from
constructing a Mini Hydro Power Project at Rajolibanda
Diversion Scheme (RDS) by quashing and cancelling the
power project. According to petitioners, the State of
Karnataka acted illegally and unlawfully in sanctioning
c and approving the Power Project in 2002-03 in favour of
respondent No. 4-a private party. Due to the said project,
sufficient water for drinking purpose and for irrigation fa-
cilities was not available to the residents and farmers of
District Mehboobnagar of the State of Andhra Pradesh. It
was alleged that the Managing Director of respondent no.4
0
company was related to the Chief Minister of the State of
Andhra Pradesh and the project was entrusted to respon-
dent No. 4 with a view to oblige him.
It was further alleged that the Power Project would
E remain in operation for a period of thirty years from the
date of commissioning of the power house with a stipula-
tion for renewal at the option of the private company for a
further period of twenty years.
Dismissing the Writ Petition, the Court
F
HELD: 1.1. In the light of the scheme as envisaged
by the Makers of the Constitution as also by Parliament
under the Inter-State River Water Disputes Act, 1956 in
connection with water disputes between inter-States, it
G is clear that such disputes cannot be made subject mat-
ter of petition either in a High Court under Article 226 or in
this Court under Article 32 of the Constitution. The Found-
ing Fathers of the Constitution were aware and conscious
of sensitive nature of inter-State disputes relating to wa-
ters. They, therefore, provided machinery for adjudication
H
ATMA LINGA REDDY & ORS. v. UNION OF 743
INDIA

of such disputes relating to waters of inter-State rivers or A
river valleys. By enacting Article 262, they empowered Par-
liament to enact a law providing for adjudication of any
dispute or complaint with respect to the use, distribution
or control of waters of any inter-State river or river valley.
v. They, however, did not stop there. They went ahead and B
empowered Parliament to exclude the jurisdiction of all
Courts including the final Court of the country in such
disputes. The intention of Framer.: of the Constitution, was
clear, obvious and apparent. It was thought proper and
appropriate to deal with and decide such sensitive issues c
once and for all by a law made by Parliament. [Paras 2s;
30] [755-H; 756-A; 757-0,E & F]
1.2 It is no doubt true that Article 262 of the Constitu-
tion is not self-executory inasmuch as it does not, by it-
1 self, take away the jurisdiction of this Court in respect of D
disputes relating to waters of inter-State rivers or river-
valleys. It is an enabling provision and empowers Parlia-
ment to enact a law providing for adjudication of such
disputes or complaints, excluding the jurisdiction of all
Courts including this Court. Article 131 of the Constitu- E.
tion which enables the Central Government or a State Gov-
ernment to institute a suit in this Court on its Original Side
in certain cases also cannot be invoked in inter-State
water disputes in view of s.11 of the Act. In other words,
the provisions of Article 131 of the Constitution have to F
be construed harmoniously subject to the provisions of
Article 262 of the Constitution. A petition under Article 32
of the Constitution, hence, cannot be entertained by this
Court. [Para 28] [756-C,D & E]
Tamil Nadu Cauvery Sangam v. Union of India, (1990) 3 G
sec 440 - relied on.
2. 5.3 deals with situations not only where a water
dispute has actually arisen between one State and an-
other State, but also where such dispute is "likely to H
744 SUPREME COURT REPORTS [2008] 10 S.C.R.
-'.-
...
A arise". Moreover, it applies not only to those cases in
which interest of the State has been prejudicially affected,
but also embraces within' its sweep interest of any of the
inhabitants thereof which has been affected or likely to
be affected. Therefore, it is abundantly clear that such a
B dispute is covered by Article 262 of the c.onstitution and ")(

should be dealt with in accordance with the provisions of
1956 Act and it cannot be challenged in any Court includ-
ing this Court. [Para 33] [758-G & H; 759-A & B]
Cauvery Water Disputes Tribunal, Re (1993) Supp 1
c SCC 96 (II) - relied on.
3. The submission of the petitioners that the bar en-
visaged by s.11 of the Act would not cover cases of pri-
vate individuals or petitioners approaching this Court as
pro bona publico, and its application is limited to States
D
has no force. Ultimately, what is contemplated by the Act
t
is to look into, to protect and to safeguard interests of the
State as also of its subjects and citizens. Precisely for that
reason, s.3 has been worded widely. It provides for con-
stitution of Tribunal for adjudication by the Central Gov-
E ernment on a dispute raised or complaint made by any
State that interest of the State or any of the inhabitants
thereof has been prejudicially affected or likely to be af-
fected. Therefore, the present petition under Article 32 is
not maintainable. [Paras 37,38] [760-8,C,D & E]
-ly
F
State of Haryana v. State of Punjab (2002) 2 SCC 507;
State of Karnataka v. State of Andhra Pradesh & Ors. (2000) 9
sec 572 - held inapplicable.
Narmada Bachao Andholan v. Union of India & Ors.
G (2000) 10 SCC 664; AP Pollution Control Board II v. Prof
M. V Nayudu (Retd.) & Ors. (2001) 2 SCC 62 - referred to. ~~

¥
4. There is yet another equally sustainable and well-
founded reason for not entertaining the so-called griev-
ance of the petitioners raised in this petition. The ques-
H
ATMA UNGA REDDY & ORS. v. UNION OF 745
!NOIA

tion of construction of Mini Hyde! Project, challenged in A
the present proceedings, is very much before the Tribu-
nal constituted under the 1956 Act and the matter is sub
iudice. The State of Andhra Pradesh prayed for interim re-
lief in respect of the above issue by filing Interim Applica-
-.r: tion No. 8 of 2006 before the Tribunal. One of the prayers B
in I.A. 8 of 2006 related to 'Rajolibanda Anicut Mini Hyde!
Scheme' and injunction was sought restraining the State
of Karnataka from constructing or proceeding with the
said project. The Tribunal, however, did not grant interim
relief by an order dated November 15, 2006. The State of C
Andhra Pradesh filed another application being Interim
Application No. 28 of 2006 under sub-section (3) of s.5 of
the Act before the Tribunal for clarification of the earlier
order but even that application was dismissed on April
27, 2007 observing that no clarification was required. Tri-
0
bunal has also considered various applications and
passed orders from time to time. And for that reason also,
the present petition is liable to be dismissed. [Paras
45,47,49,51] [762-B,C,F,G & H; 763-A,D,E; 765-F]
5. The State of Andhra Pradesh filed its counter affi- E
davit in this matter on January 31, 2006. Before that date,
the Tribunal had already been constituted under the Chair-
manship of Hon'ble Mr. Justice Brijesh Kumar, retired
Judge of this Court. The said fact has been duly mentioned
in the affidavit-in-reply. Interim Application No. 8 of 2006 F
(for interim relief) and Interim Application No. 28 of 2006
(for clarification) were of course subsequent development
to the filing of the affidavit. But both the applications had
been disposed of on November 15, 2006 and on April 27,
2007 respectively. The present writ-petition was heard in G
April, 2008 i.e. after substantial period of disposal of both
v the applications. No reference whatsoever was made on
behalf of the State of Andhra Pradesh either to the Interim
Applications or to the orders passed thereon. The con-
testing respondents referred to those applications and
H
746 SUPREME COURT REPORTS [2008] 10 S.C.R.

A the orders of the Tribunal. Respondent No. 3 is 'State'
and a public authority. This Court, therefore, obviously
expects from such authority to place all the facts before
this Court so as to enable the Court to consider them and
to take an appropriate decision in accordance with law.
s The third respondent - State of Andhra Pradesh, in fair-
ness, ought to have placed all facts subsequent to filing
of the counter affidavit when the matter was heard by this
Court. The State, however, failed to do so. But since writ
petition is not maintainable and is liable to be dismissed,
c no further action is called for. [Para 52] [765-G & H; 766-
A,B,C,D & E]
CIVIL ORIGINAL JURISDICTION : Writ Petition (Civil) No.
197 Of 2005
(UNDER ARTICLE 32 OF THE CONSTITUTION OF INDIA)
D
t
A. K. Ganguli, G. Prabhakar and A. Raghunath for the Peti-
tioners.
Anoop Choudhary, Annam D.N. Rao, Neelam Jain, Ashok
Bhan, WasimA. Quadri, Sunit Sharma, D.S. Mahra, D. Bharathi
E
Reddy, Aftaf Fatma, Debojit Barkakoti, Sanjay R. Hegde, Amit
Kumar Chawla and A. Rohan Singh for the Respondents.
Th~ Judgment of the Court was delivered by

C.K. THAKKER, J. 1. The present writ petition is insti-
F ·tuted by the petitioners as pro-bono publico and is in the nature
+
of Public Interest Litigation (PIL). The petitioners have ap-
preached 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 -
G 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 -v
the PowerProject. A prayer is also made to direct the State of
Karnatakato regulate water at RDS anicut and to ensure smooth
H flow of water in the RDS canal to the extent of full allocated wa-
• '
ATMA UNGA REDDY & ORS. v. UNION OF 747
INDIA [C.K. THAKKER, J.]

ter of 15.9 TMC to the State of Andhra Pradesh. By way of A
interim relief, a prayer is made to grant stay against construc-
tion 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 8
in the ayacut under RDS (Rajolibanda Diversion Scheme). Ac-
cording 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, C
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 con-
structed by the then Nizam of Hyderabad before more than fifty
years. D
3. According to the petitioners, consequent upon the reor-
ganization 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 remain- E
ing p-ortion 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 drink-
-1 · ing and irrigation water in Mehboobnagar District, which is a F
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 ca-
nal for drinking, irrigation, sanitation and other domestic pur-
poses. G
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
H
' .
,I.

748 SUPREME COURT REPORTS [2008] 10 S.C.R.
'(
•
A drinking purpose and for irrigation facilities is not available to
the residents and farmers of District Meliboobnagar 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. I
f-
B 6. The petitioners stated that for equitable. distribution of y
·~

I
I
water of river Krishna and the river valley thereof, the Central i

Government, bf a notification dated April 10, 1969 under the '·
inter-State Water Disputes Act, 1956 (ACT XXXI 11 of 1956) 1.-
(hereinafter referred to as 'the Act') created and established
c Krishna Water Disputes Tribunal, headed by Hon'ble Mr. Jus-
tice 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,
D Karnataka and Andhra Pradesh are the riparian States of the •.
f '
inter-State Krishna river. Whereas the State of Karnataka is at
the top, the State of Andhra Pradesh is the lowest riparian State.
r
The Tribunal considered the competing claims of all the States
and submitted interim report on December 24, 1973. The final ~
E report was submitted by the Tribunal on December 27, 1976
under Section 5 of the Act. The Central Government notified the
final report as required by Section 6 of the Act. The decision of
the Tribunal has the force of a decree of the Supreme Court
(this Court).
F · 7. It is the allegation of the petitioners that in 2002-03, the ~
State of Karnataka granted unilateral sanction and approval to
respondent No. 4 to construct and operate a Mini Hydel Power
Project to generate 4.5 Mega Watts power using the water of
RDS without the consent of the State of Andhra Pradesh. An
G agreement was entered into between the State of Karnataka ~

(respondent No. 2) and Sree Swarna Energy Limited-a pri-
vate Company (respondent No. 4) on September 26, 2003. The ,,
").

action was taken by respondent No. 2 - State of Karnataka
illegally and unlawfully with a view to oblige respondent No.4.
H
~

•.
ATMA LINGA REDDY & ORS. v. UNION OF 749
l INDIA [C.K. THAKKER, J.]

Apart from the State of Andhra Pradesh, approval or consent of A
other riparian State, i.e. the State of Maharashtra was also not
taken nor was the matter referred to Central Electrical Authority
(CEA) or to Central Water Commission (CWC). As the lowest
riparian State, the State of Andhra Pradesh will suffer the most.
y
Moreover, the execution of the Power Project was entrusted to 8
a private agency. It was alleged that one Mr. Y.V. Subba Reddy,
who is the Managing Director of the Company is co-brother of
Dr. Y.S. Rajasekhar Reddy, Hon'ble the Chief Minister of the
State of Andhra Pradesh. Thus, the project has been entrusted
to respondent No. 4 with a view to oblige the said respondent. c
The Power Project would remain in operation for a period of
thirty years from the date of commissioning of the power ho.use
and as per the term in the agreement, thereafter it would be
handed over to the State of Karnataka. But in the agreement
itself, there is a stipulation for renewal at the option of the com-
" pany for a further period of twenty years. Th us, virtually, the power
D
project has been assigned to an individual operator and put in
the hands of private-management for a period of half a century.
8. Petitioners have further stated that the power channel is
so designed that it will take away water from pondage of RDS E
which would result in substantially curtailing the flow of water
diverting water to Power Project. It would adversely affect 40,000
farmers, their family members and the residents in the ayacut
area of RDS canal in the State of Andhra Pradesh.

9. According to the petitioners, water is the most essential F
natural resource upon which the life of all living beings depends.
The human need of drinking water is paramount, perennial and
eternal. Of all human needs, need for drinking and domestic
use of water is inevitable. Equally important is the role of water
in irrigation which is the only source that enables production of G

.... "' ' food-grains, another essential component for survival of human
life. Right to water, therefore, is held to be part and parcel of
right to life within the meaning of Article 21 of the Constitution.
In multiple uses of water, drinking purpose must have the top
most priority. The second preference should be given to irriga- H

..
..

750 SUPREME COURT'.REPORTS ·. [2008] 10S.C.R.
..
i"

A tion. Power production cannot have precedence over them. Use
of water for producing electricity can never be preferred at the
cost of drinking purpose or irrigation facility: The petitioners
have, therefore, prayed that appropriate relief is required to be
granted by this Court by allowing the petition and by issuing y

B necessary directions to the respondents.
10. On May 9, 2005, notice was issued by this.Court. Af-
fidavits ~nd further affidavits were filed by the parties. The Reg-
istry was then directed to pl~ce the matter for final hearing on a
no_n-miscellaneous day. That is how the matter has b~en placed
c before us.
11. An affidavit in reply is filed by the State of Karnataka. It
is, inter alia, contended in- the said affidavit that a writ petition
filed by the petitioners under Article 32 of the Constitution is not
maintainable in view of Article 262(2) ofthe Constitution ~ead t
D
with Section 11 of Act XXXlll of 1956 which bars jurisdiction of
all Courts, including this Court. It is also stated that water dis-
putes regarding RDS is pending for consideration before
Krishna Water Disputes .Tribunal and on that ground also, the
petition· is not tenable.· One more prelimina,.Y objection is r_aised
E that petitioners have no locus standi to agitate water disputes
or a matter connected therewith or related to such dispute. It is
urged that even if the dispute involves enforcement of adjudi-
cated decision under the Act (since it has the force of a decree
of this Court), the remedy is available to the aggrieved State to +
F get it executed/implemented. Again, it is only a State which can
file a suit in this Court under Article 131 of the Constitution to
get any dispute adjudicated in certain cases. Obviously, there-
fore, a petition filed by the petitioners is not maintainable and
cannot be entertained.
G
12. On merits, it was contended that the grievance raised
by the petitioners that the Mini Hydel Power Project would con-
sume water is totally unfQunded and ill·-conceived. The scheme
'
--,.:
.
.
......

(
contemplates production of eleetficity on the run-off-the-river ~
teyhnology which involves 'no consumptive utilization of water'
H
l
ATMA UNGA REDDY & ORS. v. UNION OF 751
!NOIA [C.K. THAKKER, J.]

at all. A
13. The scheme works thus;
"a. A separate canal would be cut at a distance of about
120 metres above the Rajolibanda Diversion.
8
b. It is the surplus water which would be utilized under
the Mini Hydel Scheme.
c. The drawal level of the canal would be one foot higher
than the drawal level of Rajolibanda Diversion Canal,
which will ensure that the water meant to be utilized c
under the Rajolibanda Diversion Canal is not
affected. The gates of the proposed canal will be
electronically operated through s.ensors. The gates
will open automatically only when the depth of water
over the anicut is more than 15 cm. When the water D.
level comes back to 15 cm. above the anicut, the
gates of the canal get automatically closed. By this
process, the designed discharge of 850 cusecs (24
cumecs) in the Rajolibanda Diversion Scheme
Irrigation Canal is always ensured when the water
level is up to the crest level of the Rajolibanda E
Diversion Scheme anicut."

14. It is also stated that the decision of the Krishna Water
Disputes Tribunal permits utilization of water for 'production of
power'. Diversion of water for the purpose of 'Power Project', F
hence, cannot be termed illegal, unlawful or against the award
of the Tribunal.

15. An affidavit is also filed by respondent No. 4 - Com-
pany supporting the stand taken by the State of Karnataka in its
affidavit. The Managing Director of the Company asserted that G
' ~ the project had been designed as a "run-off-river-scheme" which
does not involve consumption of water at all and the power would
be generated only when there is a spill over of water over the
anicut after meeting the irrigation demands. The petition has
been filed with a view to stall the project. The litigation is not a H
~

752 SUPREME COURT REPORTS [2008] 10 S.C.R.
-i
•
A Public Interest Litigation (PIL) and is instituted only to make
political gains by the opposition parties and to malign the present
Chief Minister. It was further stated that wheri the, Project was
cleared, another political Party was in power and not the present
Chief Minister. Moreover, the entire project is located in the State
y
B of Karnataka. It was stated that the cost of project is about Rs.
/
20.60 crores. Necessary approval has been granted by the State
concerned, i.e. State of Karnataka and there is no illegality in
the grant of project. The work had already commenced on No-
vember 25, 2004 and major portion thereof is over. About 9.40
_crore rupees hao been spe_nt. It was also stated that being a
....
c
Mini Hyder Project, it was not required to be referred to other
States., Central Electrical Authority (CEA) or Central Water Com-
mi~sidn (CWC). They have been joined as party-respondents
,,.
in the writ petition only with a view to cause delay to the project. I

The writ petition is thus an abuse of process of court and the )
D
Court is being used as a political platform to achieve political
mileage by the opposition parties.
16. An affidavit-in'"reply is filed by the State of Andhra
Pradesh indirectly supporting the case of the petitioners. It was
E alleged that the State of Karnataka has been utilizing more than .,,;_
its allocated share of water taking advantage of its location at
the top and having control of flow of water as a riparian State. It
is further stated that Mini Hydel Sch,eme would adversely affect
the State of Andhra Pradesh and it would be detrimental to the
interests of the farmers of the State. It was, therefore, stated -\-"
F
that the State of Karnataka could not have entered into an agree-
ment with respondent No. 4 without the consent of the State of
Andhra Pradesh.
17. In a counter affidavit filed by the Central Water Com-
G mission (CWC) respondent No. 1, it was stated that the Minis-
try of Water Resources and Central Water Commission 'has no ..,.: ..,,;'-·

role in the issue' involved in the petition. It went on to state that
the Mini Hyde! Project is likely to have an impact on the flow of \

RDS Scheme. It was also stated that the project was not re-
H ferred to by the State of Karnataka to the Central Electrical Au-
ATMA UNGA REDDY & ORS. v. UNION OF 753
INDIA [C.K. THAKKER, J.]

thority (CEA) for clearance. A
18. In paragraph 10 of the Affidavit, the Commission
stated;
"That it is also relevant to point out that second Krishna
Water Disputes Tribunal has already been constituted a.nd B
in the construction of the proposed project any issue
involved is inter-State between the States of Andhra
Pradesh and Karnataka then the matter should be referred
to the Tribunal for examination."
19. Rejoinder-affidavits to all the counter-affidavits have c
been filed by the petitioners reiterating what was averred and
contended in the writ petition. Additional Affidavits have also
been filed by the parties.
20. We have heard the lea.med counsel for parties. The
0
learned counsel for the contesting respondents raised certain
preliminary objections to maintainability of the writ petition. It
was submitted that a petition in this Court under Article 32 of
the Constitution is not maintainable in view of the provisipns of
the Constitution as also the provisions of the Act.
E
21. Let us consider legal position in the light of preliminary
objections against the maintainability of the writ-petition.
22. Article 262 deals with "Disputes relating to Waters"
and is of great importance. It may, therefore, be quoted in ex-
F I
tenso;
262. Adjudication of disputes relating to waters of inter-
state rivers or river valleys.- (1) Parliament may by law
provide for the adjudication of any dispute or complaint
with respect to the use, distribution or control of the waters G
of, or in, any inter-State river or river-valley.
~+ (2) Notwithstanding anything in this Constitution 1
1
111111 Parliament may by law provide that neither the Supreme
Court nor any other court shall exercise jurisdiction in
H
'•

754 SUPREME COURT REPORTS [2008] 10 S.C.R.
_,
•
A respect of any such dispute or complaint as is referred
to in clause (1)."
(emphasis supplied)
23. Article 131 of the Constitution is another material pro-
B vision. It confers original jurisdiction on this Court in certain
~
cases and reads thus;
"131. Original jurisdiction of the Supreme Court.-Subject
to the provisions of this Constitution, the Supreme Court
shall, to the exclusion of any other court, have original
c jurisdiction in any dispute-
(a) between the Government of India and one or more
States; or
(b) between the Government of India and any State or
D States on one side and one or more other States on
the other; or
(c) · between two or more States,
If and insofar as the dispute involves any question (whether
E of law or fact) on which the existence or extent of a legal
right depends: .....
Provided that the said jurisdiction shall not extend to a
dispute arising out of any treaty, agreement, covenant, ~
engagement, sanad or other similar instrument which,
F having been entered into or executed before the --t
commencement of this Constitution, continues in operation
after such commencement, or which provides that the said
jurisdiction shall not extend to such a dispute.

G 24. In exercise of power under Article 262 of the Constitu-
tion, Parliament enacted a law known as the Inter-State River
Water Disputes Act, 1956 (ACT XXXI 11 of 1956) with a view "to ( J

provide for the adjudication of disputes relating to Waters of
inter-State rivers and river valleys".

H 25. Section 3 deals with complaints by the State Govern-
ATMA UNGA REDDY & ORS. v. UNION OF 755
INDIA [C.K. THAKKER, J.]
•+ ments as to water disputes and enacts that if it appears to the A
Government of any State that a water dispute with the Govern-
ment of another State has arisen or is likely to arise by reason
of the fact that the interests of the State, or of any of the inhabit-
ants thereof, in the waters of an inter-State river or river valley
have been, or are likely to be, affected prejudicially, it may re- B
y-
quest the Central Government to refer the water dispute to a
__.
Tribunal for adjudication. Whereas Section 4 provides for con-
stitution of Tribunal, Section 5 relates to adjudication of water
disputes.
26. Section 6 requires the Central Government to publish c
decisions of the Tribunal and the effect of such publication. It
reads thus;
6. Publication of decision of Tribunal
(1) The Central Government shall publish the decision D
of the Tribunal in the Official Gazette and the decision
shall be given effect to by them.
(2) the decision of the Tribunal, after its publication in
the Official Gazette by the Central Government under
E
sub-section (1), shall have the same force as an order
or decree of the Supreme Court.
27. Section 11 is extremely important provision and may
be reproduced;
11. Bar ofjurisdiction of Supreme Court and other Courts. - F
f
Notwithstanding anything contained in any other law,
neither the Supreme Court nor any other Court shall have
or exercise jurisdiction in respect of any water dispute
which may be referred to a Tribunal under this Act."
G
28. In the light of the scheme as envisaged by the Makers
of the Constitution as also by Parliament under the Act XXXlll of

- \
\
"t- 1956 in connection with water disputes between inter-States, it
is clear to us that such disputes cannot be made subject matter
of petition either in a High Court under Article 226 or in this
H
756 SUPREME COURT REPORTS [2008] 10 S.C.R.

4-
Court under Article 32 of the Constitution. Probably, Article 262 •
A
is the only provision which enables Parliament to oust and ex-
elude jurisdiction of all Courts including the Supreme Court (this
Court). It is also pertinent to note that Clause (2) of Article 262
contains non-obstante clause ("Notwithstanding anyttiing in this
B Constitution"). It is no doubt true that Article 262 of the Constitu-
....,,
tion is not self-executory inasmuch as it does not, by itself, take
~
away the jurisdiction of this Court in respect of disputes relating
to waters of inter-State rivers or river-valleys. It is an enabling
provision and empowers Parliament to enact a law providing
c for adjudication of such disputes or complaints, excluding the
jurisdiction of all Courts including this Court (Supreme Court).
Article 131 of the Constitution which enables the Central Gov-
ernment or a State Government to institute a suit in this Court
on its Original Side in certain cases also cannot be invoked in
inter-State water disputes in view of Section 11 of the Act [vide
D
Tamil Nadu Cauvery Sangam v. Union of India, (1990) 3 SCC
440]. In other words, the provisions of Article 131 of the Consti-
tution have to be construed harmoniously subject to the provi-
sions of Article 262 of the Constitution. A petition under Article
32 of the Constitution,· hence, cannot be entertained by this
E Court.
29. The learned counsel forthe petitioners, however, strenu-
ously urged that on more than one ground, the present petition ""
is not barred. Firstly, the petition is not filed by a State and hence
F bar contemplated by Article 262(2) read with Article 131 of the
Constitution and Section 11 of the Act has no application. Sec- -'(-

ondly, it has been held by this Court in several cases that right
to get water is ·a part of right to life under Article 21 of the Con-
stitution. If it is so, Article 32 can certainly be invoked by the
petitioners, particularly when the petition is in the nature of PIL.
G
Thirdly, the petitioners cannot approach the Tribunal constituted
under the Act for the enforcement of their rights to get water. In
,,
fact, an Interim Application NO. 34 of 2006was filed by the pe- -t
'~
,-----
titioners before the Tribunal but was dismissed observing that ...
the petitioners have no locus standi. If this Court holds that a
H
ATMA UNGA REDDY & ORS. v. UNION OF 757
INDIA [C.K. THAKKER, J.]

petition is not maintainable in this Court, they have no remedy A
for the enforcement of their right recognized by the Constitution
and guaranteed by Article 32 enshrined in Part Ill of the Consti-
tution. It would violate basic philosophy of Rule of Law reflected
in the well-known maxim ubi jus ibi remedium (wherever there
is right, there is remedy). It was, therefore, submitted that the B
y
present petition is maintainable and should be decided on
merits.
30. In our considered opinion, however, preliminary ob-
jections raised on behalf of the contesting respondents are well
founded and are required to be upheld. We have already ex- c
tracted the relevant provisions of the Constitution as also of Act
XXXlll of 1956. The Founding Fathers of the Constitution were
aware and conscious of sensitive nature of inter-State disputes
relating to waters. They, therefore, provided machinery for adju-
dication of such disputes relating to waters of inter-State rivers D
or river valleys. By enacting Article 262, they empowered Par-
liament to enact a law providing for adjudication of any dispute
or complaint with respect to the use, distribution or control of
waters of any inter-State river or river valley. They, .however, did
not stop there. They went ahead and empowered Parliament to E
exclude the jurisdiction of all Courts including the final Court of
the country in such disputes. The intention of Framers of the
Constitution, in our opinion, was clear, obvious and apparent. It
was thought proper and appropriate to ·deal with and decide
such sensitive issues once and for all by a law made by Parlia-
·-t F
ment.

31. The provisions of Act XXXlll of 1956 are also relevant
and pertinent. Clause (c) of Section 2 defines 'water dispute' to
mean "any dispute or difference between two or more State
Governments with respect to - G
(i) the use, distribution or control of the waters of, or in,
"-
"f" any inter-State river or river valley; or
(ii) the interpretation of the terms of any agreement
H
758 SUPREME COURT REPORTS [2008] 10 S.C.R.

A relating to the use, distribution or control of such
waters or the implementation of such agreement; or
. (iii) the levy of any water rate in contravention of the
prohibition contained in section ?". ·
s 32. Section 3 of the Act provides for "C9mplaints by State
Governments as to water disputes". ltruns as under;
Section 3 - Complaints by State Governments as to water
disputes-If it appears to the Government of any State
thata water disputes.with the Government of another State
has arisen or is likely to arise by reason of the fact that the
interests of the State, or of any of the inhabitants thereof,
in the waters of an inter~State river or river valley have
been, or are likely to be, affected prejudicially by-
(a) any executive action or legi$1ation taken or passed,
D or proposed to be taken or passed, by the other
State; or
(b) the failure of the other State or any authority therein
to exercise any of their powers with respect to the
E use, distribution or control of such waters; or
(c) the failure of the other State to implement the terms
of any agreement relating to the use, distribution or
control of such waters the State Government may, in
such form and manner as may be prescribed, request
F the Central Government to refer the water dispute to
a Tribunal for adjudication.
33. Bare reading of the above provisions leaves no room
for doubt that they are very wide. Section 3 deals with situa-
G tions not only where a water dispute has actually arisen between
one State and another State, but also where such dispute is
"likely to arise". Moreover, it applies not only to those cases in
which interest of the State has been prejudicially affected, but
also embraces within its sweep interest of any of the inhabit-
ants thereof which has been affected or likely to be affected. To
H
ATMA UNGA REDDY & ORS. v. UNION OF 759
INDIA [C.K. THAKKER, J.]
?- us, therefore, it is abundantly clear that such a dispute is cov- A
ered by Article 262 of the Constitution and should be dealt with
in accordance with the provisions of Act XXXlll of 1956 and it
cannot be challenged in any Court including this Court.
34. In Tamil Nadu Cauvery Sangam, this Court observed;
B
y
"It is thus clear that Section 11 of the Act bars the jurisdiction
of all courts including this Court to.entertain adjudication
of disputes which are referable to a tribunal under Section
3 of the Act. Therefore, this Court has no jurisdiction to
enter upon the factual aspects raised in the writ petition". c
35. In Cauvery Water Disputes Tribunal, Re, 1993 Supp
(1) SCC 96 (II), a Reference was made to this Court by the
Hon'ble the President of India under Article 143 of the Constitu-
tion and opinion of the Court was sought on certain questions.
This Court considered the provisions of Articles 262 and 131 of D
the Constitution as also Section 11 of the Act.
36. The Court inter alia opined;
"The effect of the provisions of Section 11 of the present
Act,. viz., the Inter-State Water Disputes Act read with E
Article 262 of the Constitution is that the entire judicial
power of the State and, therefore, of the courts including
that of the Supreme Court to adjudicate upon original
dispute or complaint with respect to the use, distribution
or control of the water of, or in any inter-State river or river F
_,
valleys has been vested in the Tribunal appointed under
Section 4 of the said Act. It is, therefore, not possible to
accept the submission that the question of grant of interim
relief falls outside the purview of the said provisions and
can be agitated under Article 131 of the Constitution. Hence
G
any executive order or a legislative enactment of a State
which interferes with the adjudicatory process and
-... '+ adjudication_ by such Tribunal is an interference with the
If judicial power of the State. In view of the fact that the
Ordinance in question seeks directly to nullify the order of
H
76b SUPR.EME COURT REPORTS [2008] 10 S.C.R.

-+,
A the Tribunal passed on 25th June, 1991, it impinges upon
the judicial power of the State and is, th~refore, ultra vi res
·the Constitution". · -·

(emphasis supplied)

B 37. In view of the above legal position, the submission of y
the petitioners that the bar envisaged by Section 11 of the Act
would not cover cases- of private individuals or petitldners ap-
pfoaching this Court as pro bona publico, and its application is
limited to States has no force and we express our inability to
c agree with the learned counsel.
38. Ultimately, what is contemplated by the Act is to look
into, to pr0tect arid to safeguard interests of the State as also of
its subjects and citizens. Precisely for that reason, Section 3
has been worded widely. It provides for constitution of Tribunal
D for adjudication by the Central Government on a dispute raised
or complaint made by any State that interest of the State or an·y
of the inhabitants thereof has been prejudicially affected or likely
to be affected. In our considered opinion, therefore, the present
petition under Article 32 is not maintainable.
E . 39. The learned counsel for the petitioner, however, referred
to .a .. decision of this Court in Narmada Bachao Andholan v.
Union of India & Ors., (2000) 10 SCC 664. In para 248 of the
reported decision, the majority, after referring to Resolution of
United Nations Organization (UNO), observed;
F
"248. Water is the basic need for the survival of human "'-
beings and is part of right of life and human rights as
enshrined i·n Article 21 of the Constitution of India and can
be served only by providing source of water where there
is none. The Resolution of the U.N.O. in 1977 to which
G
India is a signatory, during the United Nations Water
Conference resolved unanimously inter alia as under:
+,·
All people, whatever their stage of development and \

their social and economic conditions, have the right '
H
ATMA LINGA REDDY & ORS. v. UNION OF 761
ft- INDIA [C.K. THAKKER, J.]

to have access to drinking water in quantum and of A
a quality equal to their basic needs".
40. Reference was also made to A.P Pollution Control
Board II v. Prof. M. V Nayudu (Retd.) & Ors., (2001) 2 SCC 62.
y In that case also, the Court referred to Resolution of UNO, ob-
servations of this Court in Narmada Bachao Ando/an and em- B
phasized the right to access to drinking water as basic and fun-
damental to life and a duty of the State under Article 21 to pro-
vide clean drinking water to its citizens. The Court also insisted
on .the need of healthy enyironment and sustainable develop-
ment as a part of fundamental right to life embodied in Article c
21 of the Constitution.
,
41. Yet in another case i.e. State of Haryana v. State of
Punjab, (2002) 2 SCC 507, this Court had an occasion to con-
sider a similar issue. There; a suit was filed by the State of
D
Haryana against State of Punjab. The contention of the defen-
dant was that such suit was barred by Section 11 of 1956 Act
read with Article 262 (2) of the Constitution.
42. Considering the relevant provisions of Articles 131 and
262(2) of the Constitution as also Sections 2(c)(i) and (ii) read E
with Section 11 of the Act and keeping in view the averments in
the plaint as a whole, the Court held that the dispute could not
•
be said to be a 'water dispute' within the meaning of Section
2(c) of the Act, was not referable to a Tribunal and as such, bar
-~
of Article 262(2) and Section 11 of the Act was not attracted. F
The suit was held maintainable under Section 131 of the Con-
stitution. The decision, in our opinion, has nq application to the
case on hand.

43. Our attention has also been invited to a decision of the
Constitution Bench of this Court in State of Karnataka v. State G
"··+ of Andhra Pradesh & Ors., (2000) 9 SCC 572. In that case, this
11111111' Court was called upon to consider the meaning of the term 'de-
cision' of the Tribunal constituted under Section 4 of the Act.
The decision has no relevance so far as the present contra-
versy is concerned. H
762 SUPREME COURT REPORTS [2008] 10 S.C.R.
~
. ,,
A 44. From the relevant provisions of the Constitution, Act
XXXlll of 1956 and the decisionsreferred to hereinabove, there
is no doubt in our mind that the present writ petition under Ar-
ticle 32 of the Constitution is not maintainable.
45. But this is not the only ground on which the petition is ·y-
B liable to be dismissed. There is yet another equally sustainable
and well-founded reason for not entertaining the so-called griev-
ance of the petitioners raised in this petition.
46. The learned counsel for the contesting respondents
c have stated that a dispute between the State ofAndhra Pradesh
and State of Karnataka has already been referred to a Tribunal
constituted under the Act under the Chairmanship of Hon'ble
Mr. Justice Brijesh Kumar, a retired Judge of this Court and the
proceedings are pending. The State of Andhra Pradesh has
·acted as parens patria and has made a complaint and raised a
D
dispute as to availability of water to the State of Andhra Pradesh
and its citizens. The counsel invited our attention to the fact that
a specific issue, being issue No.22A, has been framed by the
Tribunal at the instance of the State of Andhra Pradesh, which
reads as under:
E
"Whether the State of Karnataka is entitled to construct
Mini Hydel Power Project from the common bondage of "
Rajolibanda Diversion Scheme without the consent of State
of Andhra Pradesh?" •
F 47. Thus, the question of construction of Mini Hydel Project,
+
challenged in the present proceedings, is very much before the
Tribunal constituted under the Act and the matter is sub Judice.
It also appears that the State of Andhra Pradesh prayed for in-
terim relief in respect of above issue by filing Interim Applica-
G tion No. 8of2006 before the Tribunal. One of the prayers in I.A.
8 of 2006 related to 'Rajolibanda Anicut Mini Hyde! Scheme' +" /
and injunction was sought restraining the State of Karnataka
from constructing or proceeding with the said project. The Tri-
....
bunal, however, did not grant interim relief by an order dated
H

~
~

ATMA UNGA REDDY & ORS. v. UNION OF 763
INDIA [C.K. THAKKER, J.]

November 15, 2006. A
48. In para 9.4 of the order, the Tribunal stated;
"However, we make it clear that the construction of these
·~
projects will not entitle the State of Karnataka either to
"''• raise any demand .on the basis of prior or committed
utilization of the water in these projects even though
8'

community interest might have grown or may grow or that
substantial amount or fund might have been spent for the
construction of these projects, as of right, in the surplus
water and such prior use or committed use or protected c
use, whatever may be the case, will be subject to further
order or final decision of this Tribunal.
-
49. The State of Andhra Pradesh filed another application
~
being Interim Application No. 28 of 2006 under sub-section (3)
of Section 5 of the Act before the Tribunal for clarification of the D
earlier order but even that application was dismissed on April
27, 2007 observing that no clarification was required.
50. The counsel referred to the said applications and or-
ders passed thereon and submitted that the Tribunal had con-
sidered this aspect. So far as Interim Application No. 28 of 2006 E
is concerned, the same was dismissed by the Tribunal on April
27, 2007. The relevant portion relating to Mini Hydel Power
Project reads thus;
-+ "10. The question related to Clarification Ill was dealtwith F
in paragraph 7 of the said order. It is point~d out by Mr.
Gupta that the Tungabh-adra Board mentioned in
paragraph 2.1 of the said order was not in control of the
Rajolibanda Diversion Canal. It seems that this may be
through oversight or due to absence of specific information
G
being made available to this Tribunal. It ·may be a case
..... "'~
that this part of the river being in the mid stream may not
- ,
be within the control of the T~ngabhadra Board, though,
however, the release of water for the Diversion Canal is
regulated by the said Board, but then it would make no
H

t
-··--
764 SUPREME COURT REPORTS [2008] 10 S.C.R.

A difference because of the reasoning given in paragraph
7.1 of ~he said order. The Hydel Ppwer Scheme, as it
appears at the moment, for diversion of water to the Hyde I
'Pe\N~f:.Canal at Rajolibanda, proposes to utilize electronic
_sensors, which would not operate until the level of water is
B , · · 15 cm above he anicut.. The depth of the sill level of
· Rajolibanda Diversion Canal being 1082 ft. compared to
the crest level of the anicut at 1090 ft. is sufficient at the
, moment 1to·divert sufficient water in Rajolibanda Diversion
Canal' for toe. purpose and object it was conceived and
c ··· eonstructed to enable AP to receive major part of the water
through Rajolibanda Diversion Canal. Even if the sill level
of the Hyde I Power Canal is at 1083 ft., it will not operate
until the water level is 15 cm above 1090 ft. If it is so from
the argument made by Mr. Holla, it qoes not seem that
there will be any effect on the diversion of water in
D
RajoHbanda Diversion Canal. If the water level is 15 cm
· above he anicut, then there will be sufficient water to cater
both to Rajolibanda Diversion Canal and the Hyde I Power
. Canal.: If it is up,to. 15 cm; no water will flow to the Hydel
Power Canal but if jt is above 15 cm, then water would
E .· have gone dir:~<;t~y to. the mainstream and it would be so
. · going both ove~.t!l,E3.:anicut and through !he Hydel Power
Canal since thisi,qiyE;rsion joins Krishna ultimately
downstream the anicut.

F .. 10.1. H is apprehended by Andhra Pradesh that the +
electronic sensors may. not operate properly. Mr. Holla
stated that it would take another two years to make the
Hydel Power Canal functional. Therefore, at the moment
.there could be no such apprehension. It is in the womb of
the future. Mr. Gupta contended that in sue~ a case either
G
this Tribunal should appoint an 'Authority' to inspect the
installation of the electronic sensors, and its functioning
and func~ionality- after it is installed or there may. be an (

option given to AP to depute its officers to inspect either '
. alone or jointly with the officers of Karnataka, both at
H
-.
" ATMA UNGA REDDY & ORS. v. UNION OF 765
,. INDIA [C.K ... THAKKER, J.]

installation and at the functioning and functionality after A
installation of the sensors. We think that, this could be
considered after the sensors are installed and become
functional, provided any difficulty is actually felt in i~s
operation.
y
10.2. The scheme as proposed does not seem to be B
contrary to the Bachawat Award; inasmuch as no water is
utilized for operating a hydel project and it was rightly
found by this Tribunal that at this prima facie stage the~e
seems to be nothing before this Tribunal to conclude that
the proposed diversion would enable Karnataka to utilize c
the Tungabhadra waters inconsistent with the Bachawat
Award. However, we have also observed that in case
power could be generated without affecting the existing
irrigation system, then we found no reason to interfere at·
this stage, on the basis of the information and the materials D
placed before this Tribunal by the respective parties. As
such, we do not think that there is any necessity of
Clarification-Ill as contended by Mr. Gupta. That apart, the
right of Karnataka and that of AP are well protected in th~
said order in paragraph 9 as pointed out earlier". E
51. From the above observations also, it is clear that the
Tribunal is mindful of the controversy and the issues raised re-
lating to Power Project. The matter is very much before the Tri-
-+ bunal. It has also considered various applications and passed
ord~rs from time to time. And for that reason also, the present F
petition is liable to be dismissed.

52. Before parting with the matter, however, we are con-
strained to make one observation at this stage. The State of
Andhra Pradesh has filed its counter affidavit in this matter 0111
G
January 31, 2006. Before that date, the Tribunal had already
.. -+
been constituted under the Chairmanship of Hon'ble Mr. Jus-
tice Brijesh ·Kumar, retired Judge of this Court. The said fact
has been duly mentioned in the affidavit-in-reply. Interim Appli-
cation No. 8 of 2006 (for interim relief) and Interim Application
H
766 SUPREME COURT REPORTS [2008] 10 S.C.R. ,, ,,,,;__

·A No. 28. of 2006 (for clarification) were of course subsequent
development to the filing of the affidavit. But both th·e applica-
~

- ~

tions had been disposed of on November 15, 2006 and on April ~
27, 2007 respectively. The present writ-petition was heard by
~

us in April, 2008 i.e. after substantial period of disposal of both )---
y
B the applications. We have heard learned counsel for th.e State
of Andhra Pradesh. No reference whatsoever was made on
behalf of the State ·either to the Interim Applications or to the
orders passed thereon. The contesting respondents referred
to those applications and the orders of the Tribunal. Respon-
c dent No. 3 is 'State' and a public authority. This Court, there-
fore, obviously expects from such autho.rity to place all the facts
before this Court so as to enable the Court to consider them
and ·to take an appropriate decision in accordance with law. In
our considered opinion, the third respondent- State of Andhra
Pradesh, in fairness, ought to have placed all facts subsequent ')>-
D
to filing of the counter affidavit when the matter was heard by
this Court. The State, however, failed to do so. But since on
other grounds also, we are of the view that. the present petition
under Article 32 of the Constitution is not maintainable and is
liable to be dismissed, no further action is called for.
E
53. For the foregoing reasons, the writ petition is dismissed
as not maintainable. On the facts and in the circumstances of
the case, however, there shall be no order as to costs.
~

D.G. Writ Petition dismissed.
SATISH SITOLE
+
v.