K S RADHAKRISHNAN Vs. UNION OF INDIA REP

JUDGEMENT

(1.) The petitioner is a Member of the Madras Bar. He filed this public interest litigation for the issue of a Writ of mandamus under Article 226 of the Constitution of India. The following are his prayers in the writ petition: (a) To direct the 3rd respondent to release 89 TMC of the surplus water from its west flowing rivers of Kerala State as shown in the Table Annexure-I;(b) To direct the 2nd respondent to apply to the National Water Resources Council reportedly set up by the 1st respondent to lay down; broad, technical, economic and financial policy for irrigation and drinking water as between the States of Kerala and Tamil Nadu; suggest priorities for accelerated development of the water resources of each State, Kerala and Tamil Nadu; priorities for use of water as between irrigation, power generation, industrial and domestic purposes of each State or region; and to evolve a policy of transfer of water from surplus to deficit areas conforming to highest national interest of the Union and the concerned States.

(2.) The petitioner in his affidavit has furnished a detailed account of the topography, physical features and water resources of each State, geographical area and the population of the country. According to the petitioner, the present Kerala State come into existence upon reorganisation of former States of Travancore Cochin, Malabar District and Kasargod Taluk of erstwhile State of Madras in the year 1956. On the eastern side, western ghats are located which area is densely forested and surrounded by streams and rivers. The central plains, which stretch towards westwards from the hills to the coastal areas, are fairly cultivated and intersected by a large number of rivers flowing westwards into the Arabian Sea. Most of these rivers are tidal in nature. Kerala gets fairly heavy rain fall ranging between 162 and 510 CM, average being more than 500 CM. Kerala gets rain both from South-west and North-west monsoons and its rivers hold water throughout the periods from June to December and January to June.

(3.) Back to Tamil Nadu, the petitioner states, that the State has exhausted practically all its available surplus water resources and that the State depend upon supply of water from other sources and neighbouring States. The petitioner has also furnished details in regard to the population of the City of Madras and the history in regard to the evaluation of the metropolis of State by an English adventurer during the 17th Century, population of the city and the particulars regarding the rain fall. The petitioner has contended that the Central Government is apathetic in not assisting in sharing of utilisation of the river waters of the neighbouring States and that even though the Union Government has set up a National Water Resources Council to resolve inter-State disputes, the Union Minister for Irrigation has paradoxically advised the State Governments to resolve their river water disputes through mutual negotiations. It is further contended that even though the Central Government have enacted the River Boards Act, 1956, no River Board has been set up in pursuance of the Act.