GANDHI SAHITYA SANGH TRUST Vs. UNION OF INDIA

JUDGEMENT

(1.) Leave granted.

(2.) The Cauvery Water Disputes Tribunal was constituted under Section 4 of the Inter-State Water Disputes Act, 1956. It consists of three Members. Apart from the Chairman, there are two other Members, who have been nominated by the Chief Justice of India. These two nominees were at the time of their nomination judges of High Courts.

(3.) The Tribunal has been functioning since 1990. The present appeals have been preferred challenging three orders dated 6th July, 2004, 23rd July, 2004 and 3rd August, 2004. The first order was passed by two Members of the Tribunal. Another Order was passed by the Chairman on the same day i.e. on 6th July, 2004. The reason for the two separate orders was a dispute between the Members of the Tribunal and the Chairman relating to the holding of an inspection of the Cauvery River Basin. By their order, the two Members directed the parties namely, the Governments of Tamil Nadu, Karnataka, Kerala and Union Territory of Pondicherry to submit their proposed itinerary for the inspection in respect of the Cauvery Basin falling within their respective territories clearly indicating therein specific places which they would like the Tribunal to visit within one week. It was also specified that the Tribunal may inspect other spots/ sites in the basin either on their own or at the instance of assessors appointed under Section 4(3) of the Act which would help the Members to arrive at a just, fair and proper decision in the matter. The other directions are immaterial for the purposes of these appeals. As far as the Chairman is concerned, he recorded that he had no objection to the other Members of the Tribunal going for inspection but recorded that inspection was not necessary primarily on the ground that there would be further delay and unnecessary expense involved.