The Supreme Court has reserved its order on maintainability of appeals filed by Karnataka, Tamil Nadu and Kerala against the 2007 award of the Cauvery Water Dispute Tribunal (CWDT).
“Judgement reserved. Interim order of October 18 to continue till further orders,” a bench of Justices Dipak Misra, Amitava Roy and A M Khanwilkar said.
In 2007, Karnataka, Tamil Nadu and Kerala filed appeals against the verdict of the Cauvery Water Disputes Tribunal. The award was notified by the government in 2013.
On Tuesday, the Centre opposed the appeals saying that the constitution expressly ousts the jurisdiction of the apex court in interstate river water disputes.
“The Constitution has totally ousted the jurisdiction of the apex court for inter-state river water disputes,” the government’s top law officer, Mukul Rohatgi, told the court.
Noted jurist and senior advocate Fali S Nariman, appearing for Karnataka, said the Supreme Court had the jurisdiction to adjudicate the appeals filed by the state against the award of tribunal.
Senior advocate Shekhar Naphade, appearing for Tamil Nadu, also contended that the appeals were maintainable and no statute can take away the powers of the apex court.
“Section 6(2) of Inter-state Water Disputes Act, 1956 cannot oust Supreme Court’s constitutional appellate powers given under Article 136 of the Constitution,” Naphade said.