The Supreme Court was hearing a suit filed by the Tamil Nadu government against the Karnataka government challenging the alleged diversion of water from the Pennaiyar river for various purposes. TN has objected to Karnataka’s project to build a 0.5 tmcft storage facility along the Markandeya river in Kolar district, which is a tributary of South Pennar.
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NEW DELHI: Concerning the ongoing water dispute between Tamil Nadu and Karnataka over the Pennaiyar river, the Supreme Court of India has instructed the Central Government to establish a negotiation committee. This directive aims to facilitate discussions between the two states and resolve the long-standing conflict.
The Supreme Court bench, comprising Justices Hrishikesh Roy and PK Mishra, passed this order following the Centre’s revelation that the Karnataka government, under the new Congress leadership, expressed a willingness to negotiate with Tamil Nadu. This intent was communicated through letters from Karnataka’s Deputy Chief Minister DK Shivakumar and Chief Minister Siddaramaiah to Prime Minister Narendra Modi.
The Court’s order specifically mandates the Ministry of Jal Shakti to form a new negotiation committee under the Inter-State River Water Disputes Act, 1956. The objective is to reach a negotiated settlement over the Pennaiyar river dispute. The committee is expected to submit a preliminary report on the progress of these negotiations to the Union of India within three months.
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This directive comes in the backdrop of a suit filed by the Tamil Nadu government against Karnataka, challenging the alleged diversion of water from the Pennaiyar river for various projects, including the construction of a reservoir and lift irrigation schemes.
Representing the Centre, Additional Solicitor General (ASG) Aishwarya Bhati conveyed Karnataka’s request for another opportunity to negotiate with Tamil Nadu. Senior advocate Mohan Katarki, representing Karnataka, informed the Court that a negotiation committee formed in January 2020 had met only twice and subsequently became defunct.
The Tamil Nadu government, represented by senior advocates V Krishnamurthy and G Umapathy, expressed objections to the Centre’s changing stance. Previously, in May, the Centre had agreed to form a Pennaiyar inter-state water dispute tribunal, concluding that there was no scope for negotiations.
ASG Bhati emphasized the sensitivity of water disputes, stating,
“There are no easy solutions for such disputes.” She highlighted the new Karnataka government’s eagerness to negotiate a solution, while expressing concern over the apparent disinterest from the other side.
Senior advocate Wasim Qadri, appearing with ASG Bhati, pointed out that a settlement outside the court would be more efficient, saving time and resources for both parties. He referenced an affidavit filed by the Centre in October, seeking a 12-week deferment on the proposal to constitute a tribunal.
The Supreme Court, in its order, noted the failure of the previously constituted committee to make a serious effort to resolve the dispute. The Court acknowledged that the committee had only met twice and had practically become defunct.
The Pennaiyar river dispute is one of several water-related conflicts between Tamil Nadu and Karnataka, with the two states already engaged in a dispute over the sharing of water from the Cauvery river. Tamil Nadu had filed a complaint against Karnataka under the 1956 Act in November 2019, further intensifying the water-sharing conflicts between the two states.
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