SC to examine maintainability of AP plea on Krishna water row
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Last Updated: Monday, April 25, 2011, 23:54
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 decision.

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.


First Published: Monday, April 25, 2011, 23:54

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