Supreme Court Directs Union To Constitute Water Disputes Tribunal Within One Month To Adjudicate Pennaiyar River Dispute Between Tamil Nadu And Karnataka
After several rounds of mediation and negotiation, the States failed to reach a consensus.
The Supreme Court, today, has directed the Union Government to constitute a Water Disputes Tribunal within one month to adjudicate the Pennaiyar River Water Dispute between the State of Tamil Nadu and the State of Karnataka.
The Union of India attempted to mediate the conflict through multiple rounds of discussions, but it was informed that these negotiations ultimately failed. Consequently, the States were unable to reach a consensus.
The Bench of Justice Vikram Nath and Justice Sandeep Nath, while delivering the judgment has ordered, "Therefore, we find no reason to refrain from directing the Central Government to issue an appropriate notification in the official gazette and to constitute a Water Disputes Tribunal for the adjudication of the inter se water dispute between the parties here within a period of one month from today. Consequently, the plaint in Original Suit No. 1 of 2018 is returned for presentation for adjudication before the Water Disputes Tribunal, which is to be constituted by the Central Government."
AAG V. Krishnamurthy appeared for the State of Tamil Nadu, whereas ASG Aishwarya Bhati and Senior Advocate Shyam Diwan appeared for the Union of India and the State of Karnataka respectively.
The suit was filed by the State of Tamil Nadu under Article 131 of the Constitution of India against the State of Karnataka and the Union of India. The dispute pertains to the sharing of water resources of the Penniyar river and the alleged check dam/diversion raised by the State of Karnataka in the said river, obstructing the State of Tamil Nadu from enjoying the benefits of the water of the river flowing across the States of Tamil Nadu, Karnataka and moving on to Puducherry. The bench reserved judgment on December 12, 2025.
The Court had previously ordered, "We deem it appropriate to direct the Department of Water Resources, River Development & Ganga Rejuvenation, Ministry of Jal Shakti, Government of India to constitute a fresh Negotiation Committee, as envisaged under Section 4(1) of the ISRWD Act, 1956. The notification constituting the Committee will be issued within two weeks...The Committee will make earnest endevour to reach a negotiated settlement of the inter-state water dispute over Penniyar river. A report on the consideration and the outcome of the exercise be given by respondent no. 2 – Union of India, within a period of three months of the constitution of the Committed."
In the above context, an affidavit was filed on behalf of the Union of India where the concerned officer of the Department of Water Resources in the Ministry of Jal Shakti has averred as follows, “That in order to constitute a Tribunal, a proposal for formation of Pennaiyar Water Dispute Tribunal under the relevant section of the Inter State Water Dispute Act, 1956 has been submitted to Cabinet Secretariat for consideration and approval of Hon’ble Union Cabinet. It is submitted that the Hon’ble Union Cabinet is yet to take a final decision in the matter”.
Cause Title: State of Tamil Nadu v. State of Karnataka and Anr. [Original Suit (s). No. 1/2018]