The Hindu : New Delhi News : Supreme Court dismisses A.P. farmers’ plea

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Supreme Court dismisses A.P. farmers’ plea

J. Venkatesan

Petitioners claimed hydel project violated Krishna award

The farmers said project would affect water supply to 87,000 acres in Mahbubnagar district
Bench said the dispute was covered by
Article 262 of the Constitution

New Delhi: The Supreme Court on Thursday held as not maintainable a public interest litigation (PIL) petition filed by Andhra Pradesh farmers to restrain Karnataka from constructing a hydel power project in alleged violation of the Krishna Water Disputes Tribunal Award.

The petitioners, Atma Linga Reddy and others, alleged that the Karnataka Government had entrusted the project to Sree Swarna Energy Ltd., whose managing director, Y.V. Subba Reddy, was the co-brother of the Andhra Pradesh Chief Minister Y.S. Rajasekhar Reddy.

Contention

Their grievance was that if the project was constructed, water supply to nearly 87,000 acres of land in Mahbubnagar district would be affected.

A Bench of Justice C.K. Thakker and Justice D.K. Jain dismissed the petition holding that the dispute was covered by Article 262 of the Constitution (which bars jurisdiction of all courts in inter-State water disputes) and only the State under Article 131 of the Constitution could file a suit to get any dispute adjudicated.

The Bench said: “such disputes cannot be made subject matter of a petition either in a High Court under Article 226 of the Constitution or in this court under Article 32 of the Constitution. It is abundantly clear that such a dispute is covered by Article 262 and it cannot be challenged in any court including this court.”

Writing the judgment for the Bench, Mr. Justice Thakker pointed out that the Andhra Pradesh Government had already approached the Justice Brijesh Kumar Tribunal seeking necessary relief and the matter was still pending.

“The question of construction of a mini hydel project, challenged in the present proceedings is very much before the tribunal. It is clear that the tribunal is mindful of the controversy and the issues raised relating to the power project,” the Bench said.

Counter affidavit

It said: “we are constrained to make one observation at this stage. The State of Andhra Pradesh has filed its counter affidavit in this matter on January 31, 2006. Before that date, the tribunal had already been constituted under the chairmanship of Justice Brijesh Kumar, retired judge of this court. The said fact has been duly mentioned in the affidavit-in-reply. Both the applications for interim relief had been disposed of on November 15, 2006 and on April 27, 2007 respectively.”

The Bench said: “the present writ petition was heard by us in April, 2008 i.e. after substantial period of disposal of both the applications. We have heard counsel for the State of Andhra Pradesh. No reference whatsoever was made on behalf of the State either to the Interim Applications or to the orders passed thereon. In our considered opinion, the third respondent — State of Andhra Pradesh, in fairness, ought to have placed all facts subsequent to filing of the counter affidavit when the matter was heard by this court. The State, however, failed to do so. Since we are of the view that the present petition under Article 32 of the Constitution is not maintainable and is liable to be dismissed, no further action is called for.”

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