Case Note & Summary
The writ petition was filed by the petitioners as pro-bono publico under Article 32 of the Constitution, seeking to restrain the State of Karnataka and Sree Swarna Energy Limited from constructing a Mini Hydro Power Project at the Rajolibanda Diversion Scheme (RDS) in Karnataka. The petitioners, residents of Mehboobnagar, Andhra Pradesh, claimed that the project would adversely affect their access to water for drinking and irrigation, which is vital for the drought-prone region. They argued that the project was sanctioned unlawfully by the State of Karnataka without the consent of Andhra Pradesh or other riparian states. The petitioners also highlighted the historical context of the RDS and the allocation of water rights established by the Krishna Water Disputes Tribunal. The State of Karnataka contended that the petition was not maintainable due to the jurisdictional bar under Article 262 and Section 11 of the Inter-State Water Disputes Act, 1956, which excludes the jurisdiction of all courts in water disputes referred to a Tribunal. The court analyzed the legal framework and determined that the petitioners did not have the standing to challenge the project as the matter was already sub judice before the Tribunal. The court ultimately dismissed the writ petition as not maintainable, emphasizing the need for disputes regarding inter-State waters to be resolved through the established legal mechanisms rather than through individual petitions. No costs were awarded.
Headnote
A) Constitutional Law - Maintainability of Writ Petition - Jurisdiction Bar - Article 262 of the Constitution, Section 11 of the Inter-State Water Disputes Act, 1956 - The Court held that the jurisdiction of all courts, including the Supreme Court, is barred in respect of water disputes referred to a Tribunal under the Act. The petitioners' claim was not maintainable as the dispute was already pending before the Tribunal, and the petitioners lacked locus standi to file the writ petition. Held that the petition was dismissed as not maintainable (Paras 52-53).
Issue of Consideration
Whether the writ petition under Article 32 of the Constitution is maintainable in light of the provisions of Article 262 and Section 11 of the Inter-State Water Disputes Act, 1956.
Final Decision
The Supreme Court dismissed the writ petition as not maintainable, emphasizing that the dispute was already pending before the Krishna Water Disputes Tribunal and that the petitioners lacked locus standi. No costs were awarded.
Law Points
- Public Interest Litigation
- Article 32
- Article 262
- Inter-State Water Disputes Act
- 1956
- Jurisdiction of Supreme Court
- Right to Water
