KRISHNAIAH R Vs. UNION OF INDIA

JUDGEMENT

(1.) These petitions under Art.226 of the Constitution of India are moved by one R. Krishnaiah for reliefs inter alia to forthwith implement the Bachawat Commission Award on inter-State water dispute between the States of Karnataka, Maharashtra and Andhra Pradesh and consequential reliefs. Petitioner has claimed that he is having both personal interest and public interest in the Us as like many other small-farmers, he has claimed, his livelihood, existence and right tolife and right to vocation and right to avocation depends upon the sharing of water of river Krishna between the said three riparian States and water's availability for agriculture and other activities. He has brought the historical perspective by stating that the systems of river Krishna and Godavari are sustainers of life for inhabitants of the three States. The rivers are venerated and worshipped as Mother goddess since water they bring to the land sustains bom culture and economy. The history of the flow of Krishna river, according to the petitioner.

(2.) The petitioner has stated that use and sharing of Krishna water which at one time was subject matter of a dispute between the States of Andhra Pradesh, Maharashtra and Karnataka was referred to a Tribunal constituted under Sec5 (3) of the Inter-State Water Disputes Act, 1956. The Tribunal investigated the matter as contemplated under the Act and forwarded its unanimous decision and report to the Governentof India on the 24th December, 1973. The Government of India and the States of Andhra Pradesh, Karnataka and Maharashtra filed references under Section 5 (3) of the Act and replies to the reference and the Tribunal heard elaborate arguments of the counsel for the parties and answered the references and finally the Central Government published the decision of the Tribunal in the official Gazette on31-5-1976. Since there was no provision like one under Section 5- A of the Act at the time of the publication of the award there was some attempt to evolve a mechanism for the implementation of the decision of the Tribunal by creating an authority for the said purpose. This attempt, however, could not receive the finality. Parties, however, generally accepted the decision of the Tribunal and appropriated water allocated to their respective share in accordance with the provisions in this behalf as specified in the decision of the Tribunal. Petitioner, however, has stated that in the State of Karnataka in execution of Upper Krishna Project Almatty Dam is being constructed which has the effect of impounding 400 T.M.C. of water whereas as per the allocated quota of Karnataka 540 T.M.C. are to be used for approved small medium and lift irrigation projects and 160 T.M.C. for major projects. According to the petitioner quota for major projects of Karnataka is 160 T.M.C. Almatty alone being one of the major projects of the State of Karnataka is meant for using 400 T.M.C. of water. Karnataka according to the petitioner, has already appropriated under Ipparagi Barriage and Narayanpur project 42 T.M.C. and only 118 T.M.C. of water is available which can be used for major projects. Petitioner has further stated as follows:

(3.) The State of Andhra Pradesh (the second respondent) has filed more than one returns to the petition and maintained;