New Delhi: The Supreme Court on Monday said it
would examine the maintainability of Andhra Pradesh`s petition
challenging the Krishna Water Dispute Tribunal (KWDT) Award
allocating additional quantum of water to Karnataka and
Maharashtra allegedly at the cost of its own interests.
A bench of justices GS Singhvi and AK Ganguly said it
would decide the issue in July after both Karnataka and
Maharashtra questioned the petition`s maintainability.
In a special leave petition (SLP), AP alleged the
Tribunal had acted in an arbitrary and illegal manner by
making `excess` allocation to the other two states in its
December 2010 award, depriving the state of its legitimate
share of 130 tmc, and urged the apex court to quash the
However, today when the matter came up for hearing senior
counsel Fali Nariman and AR Andhiarujina, appearing for
Karnataka and Maharashtra, questioned the maintainability of
the petition on the ground that AP`s review petition against
the award was already pending with the Tribunal.
The two senior counsel pointed out that under Section
5(3) of the Inter-State Water Dispute Act, an aggrieved state
can file a review petition against the award. It was pointed
out that the award becomes final only after the review
petition is disposed off.
Karnataka and Maharashtra took the stand that even
before the review petition was disposed off, AP chose to file
the SLP and it should, threfore, be dismissed.
Senior counsel K Parasaran and Harish Salve, appearing
for AP, however, defended the move on the ground that even in
the Cauvery dispute among the southern states, the aggrieved
states had moved the Supreme Court as they felt the award was
irrational and arbitary.
The apex court, after hearing the arguments breifly,
adjourned the matter to July.