Home   |   About us   |   Contact us   |   Request Callback  


This Page To:

STATE OF KARNATAKA V/S STATE OF T. NADU & OTHERS, decided on Tuesday, October 18, 2016.
[ In the Supreme Court of India, Civil Appeal Nos. 2453 of 2007, 2454 of 2007, 2456 of 2007. ] 18/10/2016
Advocate(s) : Fali S. Nariman, Anil B. Divan, S.S. Javali, Sr. , (M.R. Naik, Adv. Gen.), Mohan V. Katarki, S.C. Sharma, V.N. Raghupathy, R.S. Ravi, J.M. Gangadhar, Ranvir Singh, Dr. Rajeev Dhawan, Jaideep gupta, Sr. , G. Prakash, Jishnu, Priyanka Prakash, Beena Prakash, Manu Srinath, B. Balaji, Mukul Rohatgi, AG, Pinky Anand, ASG, Ajay Sharma, S. Wasim A. Qadri, Madhavi Divan, Nidhi Khanna, Zaid Ali, Snidha Mehra, Somya Rathore, Karan Seth, Saudamini Sharma, Kritika Sachdeva, D.S. Mahra, Shekhar Naphade, Rakesh Dwivedi, Subramonium Prasad, Sr. , G. Umapathy, C. Paramasivam, B. Balaji, Rajesh Mahale, A.S. Nambiar, Sr. , V.G. Pragasam, P.K. Manohar, Shania Vasudevan, Prabu Ramasubramanian, Pankaj Kr. Mishra, A.S. Bhasme, B. Balaji, Ramesh Babu M.R..
Judgment Full Text : Existing LawyerServices Members, kindly login above.

Non Members, Enter your email address:- and , to request this judgment.

Alternatively, you may send a request by email to info@lawyerservices.in for the Full Text of this Judgment (chargeable).

LawyerServices Facebook Page

Judgments that may be related:-

  S. Mohammed Ispahani Versus Yogendra Chandak & Others,   04/10/2017.  

  Praveen Versus The State of Maharashtra,   26/09/2017.  

  Ramjas Foundation Versus Union of India & Others,   22/09/2017.  

  S.R. Gnanasekar Versus Inspector of Police, CBI/EOW/Chennai ,   22/09/2017.  

  Patina Gold Ornaments Pvt. Ltd. Versus The Assistant Commissioner (CT), Park Road Circle, Erode & Another,   22/09/2017.  

  C. Suviseshamuthu Versus The Director of Public Health & Preventive Medicine, Chennai & Another,   21/09/2017.  

  Ram Murthy Versus The State of Karnataka, Rep. By its Secretary (Mines) Department of Commerce & Industries, Bangalore & Others,   20/09/2017.  

  Ganpat Singh Versus The State of Madhya Pradesh,   19/09/2017.  

  V. Selvanathan & Others Versus The Government of Tamilnadu, Rep. by its Secretary, Highways Department, Chennai & Others,   13/09/2017.  

  CG Power & Industrial Solutions Limited Versus Mercedes-Benz India Private Limited & Others,   11/09/2017.  

  JK Tyre & Industries Limited, Rep. by its Regional Operating Manager, Sriperumbudur Taluk Versus The Deputy Commissioner-II (CT)(FAC),   04/09/2017.  

  K. Ajitha & Others Versus Guruvayur Devaswom Managing Committee & Others,   31/08/2017.  

  M/s. Indian Hume Pipe Co. Ltd. Versus State of Rajasthan & Others,   28/08/2017.  

  Dr. B. Satish Kumar & Others Versus Union of India, represented by its Secretary, Ministry of Health and Family Welfare & Others,   24/08/2017.  

  Amina Marwa Sabreen A (Minor) & Others Versus State of Kerala & Others,   24/08/2017.  

  Muthu Mariyammal Transport Represented by its Proprietor T. Ramakrishnan Versus Indian Oil Corporation Ltd.,   24/08/2017.  

  M/s. Smart Chip Ltd. Noida, U.P., rep. By its Authorised Signatory Pritpal Singh Sachdev & Others Versus The Secretary to Government Transport Department Chennai & Others,   23/08/2017.  

  M. Obiliappa Versus The State of Tamil Nadu, Rep. By its Secreary to Government, Adi Dravida & Tribal Welfare Department & Others,   18/08/2017.  

  Dr. Md. Rezaul Karim & Others Versus The State of West Bengal & Others,   17/08/2017.  

  Bharati Reddy Versus The State of Karnataka & Others,   17/08/2017.  

  Venkatram Spinners Pvt. Ltd., rep by its Managing Director & Another Versus State of Tamil Nadu rep by the Principal Secretary, Department of Handlooms and Textiles, St.George Fort, Chennai & Others,   11/08/2017.  

  C. Karthikeyan Versus The Secretary to Government, Rural Development & Panchayat Raj Department, Chennai & Others,   09/08/2017.  

  Sundaram Medical Foundation, Dr. Rangarajan Memorial Hospital Versus The Commissioner Corporation of Chennai & Others,   08/08/2017.  

  D. Prabhu Versus The Director of Public Libraries & Another,   04/08/2017.  

  Sarvodaya Education Trust, Rep. by its Secretary, Virajpet & Others Versus The Union of India, Represented by its Secretary, Department of Ministry of Law & Justice, New Delhi & Others,   03/08/2017.  

  The Commissioner of Income Tax-I, Aayakar Bhavan, Civil Lines Versus Vidarbha Irrigation Development Corporation,   03/08/2017.  

  The Managing Director, Karnataka State Road Transport Corporation, Chickballapur Division, Chickballapur, Bangalore Versus Manjula & Others,   31/07/2017.  

  The State of Tamil Nadu, Department of Health and Family Welfare, rep. By Secretary, Fort. St. George, Chennai & Others Versus V.S. Sai Sachin, minor rep. by his father and natural guardian & Others,   31/07/2017.  

  M/s. Dream Logistics India Pvt. Ltd. & Others Versus State of Goa, Through the Police Sub- Inspector Satish V. Padvalkar, Special Investigation Team & Others,   27/07/2017.  

  Bimolangshu Roy (Dead) Through LRs Versus State of Assam & Another,   26/07/2017.  

  Sterling and Wilson Private Limited & Another Versus Union of India represented by the Ministry of Micro, Small & Medium Enterprises & Others,   25/07/2017.  

  C.G. Col. Arun & Another Versus Commissioner for Entrance Examinations & Others,   24/07/2017.  

  M.G. Muhundharajan, Rep. by his Power Agent O.V.K. Periyakaruppan Versus The State of Tamil Nadu, Rep. by its Revenue Secretary, Chennai & Others,   14/07/2017.  

  M/s Phenix Construction Technology Versus Commissioner of C. Ex. & S. Tax, Ahmedabad-II,   07/07/2017.  

  Manipal University & Another Versus Union of India & Another,   03/07/2017.  

  Metropolitan Transport Corporation Ltd., rep.by its Managing Director Pallavan Salai & Others Versus V. Sundara Vadivel & Others,   29/06/2017.  

  Ashok Bind Versus The State (Govt. of NCT of Delhi),   20/06/2017.  

  No.10.A.S. Photo Beedi, Rep.its proprotiers A.S. Hameed Versus No.10 A.S. & Photo beedies, Rep.by its proprietor Ahmedmulla baig,   19/06/2017.  

  Tathagata Satpathy & Another Versus Santilata Choudhury & Others,   19/06/2017.  

  The Development Commissioner, MEPZ, Special Economic Zone & HEOUs Administrative Officer Building, & Others Versus M/s. Hospira Health Care India Pvt. Ltd.,   14/06/2017.  

  Lalitha Muraleedharan Versus The Commissioner of Commercial Taxes & Others,   14/06/2017.  

  Chennai Metroplitan Water Supply Versus M/s. Subhash Projects and Marketing Ltd., & Others,   14/06/2017.  

  Binoy Viswam Versus Union of India & Others,   09/06/2017.  

  N. Indirani Versus The State of Tamil Nadu, Rep. by its Secretary, Department of Industries and Commerce & Others,   07/06/2017.  

  N. Indirani Versus The State of Tamil Nadu, Rep. by its Secretary, Department of Industries and Commerce & Others,   07/06/2017.  

  Hallemabi Versus K.M. Nagarathna & Others ,   30/05/2017.  

  Shriram Sankaran Versus The Inspector of Police, Basavangudi Police Station, Karnataka,   29/05/2017.  

  Sugapriya Paper & Boards (P) Ltd., Represented by its Director V. Surya & Another Versus Tamil Nadu Generation & Distribution Corporation Limited (TANGEDCO), Chennai & Others,   25/05/2017.  

  Anoop Singh & Others Versus State,   12/05/2017.  

  Consortium of Titagarh Firema Adler S.P.A. ? Titagarh Wagons Ltd. through Authorized Signatory, West Bengal Versus Nagpur Metro Rail Corporation Ltd.,   09/05/2017.  

#LawyerServices #bestlegalsoftware #legalsoftware #judgment #caselaw

  "2016 (10) Scale 117"  ==   "2016 (10) SCC 617"  ==   "(Full Bench)"  

    Mr. Mukul Rohatgi learned Attorney General for India being assisted by Ms. Pinky Anand learned Additional Solicitor General has filed the Report of the Committee. The conclusion of the Report reads as under:-Social Aspects1. The plights of farmers in both the states have been witnessed. In the absence of required water the labour employment for farming and fishing is also limited creating a scenario of unemployment and financial hardship to them.2. There has been large number of suicides reported in Mandya district of Karnataka.3. The Government of Karnataka has declared 42 out of 48 Talukas under Cauvery basin as drought affected Talukas based on Central Government guidelines.4. Both the States of Karnataka and Tamil Nadu need to appreciate interest of Tamil Nadu and Puducherry in protection of their established irrigation and Karnataka's aspirations for development respectively and should educate their people accordingly.Technical Aspects1. The deficit impact on account of water allocation at 50% dependability can be neutralised to some extent by optimal dynamic and resilient planning of the cropped area considering the flow pattern and forecast. This can address the issue of unemployment and financial hardship in the basin States.2. The water application techniques are outdated and unscientific and the value of water is not realised. The water applied to the field is on the concept of flooding from one field to another adjacent field and as such the water consumption is on the higher side and during period of distress this becomes very significant depending upon the soil condition. The infrastructure to deliver water to the farmers is century old and has very low conveyance efficiency. This needs to be modernised for optimal use of scarce water. The conveyance efficiency can be further improved by piped distribution network and application efficiency by micro irrigation (sprinkler and drip) and precision irrigation. In addition on-farm development (OFD) works may be provided to ensure equitable distribution of water to individual farmer's field.3. At places near the coast the ground water cannot be utilised for the reason that water is saline due to ingress from sea water. The only source of irrigation in such areas is surface water from Mettur reservoir.4. The efforts made by Government of Tamil Nadu by way of providing subsidised agricultural inputs can bear fruits only when sufficient water is made available for the full crop period.5. The drinking water demands needs to be optimised and efficient delivery mechanism needs to be put in place.6. Automated water measuring instrumentation needs to be provided for transparent recording of flows and water diversion along with system for online transmission and retrieval of data through dashboard.7. Crop alignment and crop diversification need to be practiced.8. Participatory Irrigation Management is to be encouraged for optimal efficient and equitable distribution of water amongst the farmers.2. As we find from the Report the Committee has not suggested with regard to any quantity of water. Mr. Rohatgi learned Attorney General has when the matter was taken up at forenoon session submitted that the appeals by special leave filed by all the States namely Karnataka Tamil Nadu and Kerala are not maintainable. Mr. A.S. Nambiar learned senior counsel appearing for the Union Territory of Puducherry echoed the same argument.3. Mr. Rohatgi addressed at length with regard to the maintainability of the appeals and after he has finished Mr. Fali S. Nariman learned senior counsel appearing for the State of Karnataka commenced his submission. The stand of Mr. Nariman is that the appeal by special leave is maintainable. We intend to adjudicate the maintainability of the appeals which have been preferred by special leave under Article 136 of the Constitution first.4. At this juncture the issue that arises for consideration is what should be the nature of interim order. On 4th October 2016 we had directed the State of Karnataka to release 2000 cusecs of water from 7th October till 18th October 2016. It is submitted by Mr. M.R. Naik learned Advocate General appearing for the State of Karnataka that the order has been complied with.5. Mr. Shekhar Naphade learned senior counsel appearing for the State of Tamil Nadu submits that the State is in dire need of water. We take note of it. Mr. Nariman learned senior counsel appearing for the State of Karnataka submitted with quite promptitude that the Karnataka is also not in a better stage. Mr. Rohatgi learned Attorney General referred to the Report to highlight the issue that both the States are in the state of dire need of water. We have been apprised that north-east monsoon has not yet set in and the prediction is that it is likely to set in from 25th October 2016. We have so recorded as the learned counsel at the Bar have apprised us so.6. Let the matter be listed on 19th October 2016 for further hearing. The interim order passed on the earlier occasion shall continue until further orders.7. At this stage we are compelled to reiterate our earlier order in which we had expressed with certitude that the Executive of both the States shall see to it that the peace and harmony be maintained in both the States and citizens do not become law unto themselves. It will be the obligation of the Executive to see that when the matter is heard and the interim order has been passed and the State of Karnataka is complying with the order and is bound to comply mutuality of respect between both the States and the citizens should be maintained. Maintenance of law and order and care for public property is a sign of elevated democracy.