Two SC judges recuse from hearing Pennaiyar river water dispute between TN, Karnataka

New Delhi [India], July 5 : Two judges of the Supreme Court recused themselves from hearing the Inter-State water dispute between Karnataka and Tamil Nadu over the Pennaiyar river water sharing.

As the matter came up for hearing, a bench of Justices AS Bopanna and MM Sundresh recused themselves from hearing the matter since they hail from the rival States involved in the case.

In a lighter vein, the judges commented that they may start fighting with each other if they were to deal with the dispute.

"We both cannot hear," Justice Sundresh, who is from Tamil Nadu, said. "We will start fighting," Justice Bopanna, who hails from Karnataka, said in a lighter vein.

Place the matter before the Chief Justice of India to constitute an appropriate bench, said the bench in its order.

The case relates to a dispute over the sharing of water from the Pennaiyar River. The Tamil Nadu government had filed an original suit in the matter against the Karnataka government and the Central government.

On Tuesday, the Union Jal Shakti Ministry, through an affidavit, informed the apex court that the Union Cabinet has not yet taken a final call on the proposal to form a Pennaiyar Water Disputes Tribunal, although the proposal has been sent for approval via the Cabinet Secretariat.

In November 2022, the top court pulled up the Centre for a delay in resolving the inter-State dispute through negotiations. It had asked to constitute the Pennaiyar River Water Tribunal within three months to resolve the dispute over the sharing of water between the two States.

The Supreme Court in November 2019 permitted the Tamil Nadu government to invoke the powers of the Central government in terms of the provisions of the Inter-State Water Disputes Act and seek the constitution after a row over sharing water.

On January 20, 2020, the Centre constituted the negotiations committee to resolve the water dispute.

Tamil Nadu's view is that the rights and interests of the State in river Pennaiyar and its tributaries, an inter-state river, have been prejudicially affected by the executive action of Karnataka by its various works, and in violation of 1892 and 1933 agreements.

Tamil Nadu complained that Karnataka has taken up construction of a reservoir across Markandeyanadhi, a tributary of Pennaiyar, diverts surplus waters of Varathur tank, implements lift irrigation scheme at Yellamallappa Chetty tank, pumps water at Belahalli and a scheme to pump the waters of Pennariyar from Thattanur village to distribute to 160 tanks.

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