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CASE NO.:

Original Suite 1 of 1997

Original Suite 2 of 1997

PETITIONER:

STATE OF KARNATAKA

Vs.

RESPONDENT:

STATE OF ANDHRA PRADESH & ORS.

DATE OF JUDGMENT: 25/04/2000

BENCH:

R.P. Sethi

JUDGMENT:

SETHI,J.

While agreeing with the main judgments of brother Pattanaik.J. in

Original Suits Nos. 1 and 2 of 1997 and supplementary concurring

judgment of brother Majmudar,J. in Original Suit No. 2 of 1997, I am

persuaded to place on record some of my observations in addition, which

have been necessitated on account of the unreasonable, unrealistic,

motivated and contradictory attitudes adopted and changed from time to

time by the riparian States of Krishna river basin, obviously under

local pressures and political compulsions. It is hoped and expected

from responsible representative governments of the States concerned

that they would give due weight to the tremendous work done by the

Krishna Water Disputes Tribunal and realise their constitutional

obligations to the nation, being important and mighty Constituents of

the Federation, the Union of India, keeping in view our observations in

the judgment.

Water is a unique gift of nature which has made the planet

earth habitable. Life can not be sustained without water. In the

National Water Policy issued by the Government of India in 1987, it

was declared that water is a prime natural resource, a basic

human need and a precious national asset. Water, like air, is the

essence for human survival. The history of water availability and

its user is tied up with the history of biologically evolution in all

civilizations. It will not be wrong to say that not only the life

started in water but rather water is life itself. It is essential for

mankind, animals, environment, flora and fauna. There is no denial of

the fact that in the ancient times water played an important role in

the origin, development and growth of civilization all over the globe.

Water is an important factor in the economic development of the

countries which ultimately affects the social and human relations

between the habitants. Planned development and proper utilization

of water resources can serve both as a cause as well as an effect off

the prosperity of a nation. Water on earth is available in the form of

frozen snow, rivers lakes, springs, water ways, water falls and

aqueducts, etc.

In this galaxy and the environment surrounding the earth, its

hydrosphere segment mostly consists of water in the shape of oceans.

Out of the total available water on earth 97.3% water is such which can

not be utilised for the benefit of the humanity. Only 2.07 %

water is available for consumption and mankind's utilization. Out of

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this consumable water 30% is used for irrigation , 7% for domestic and

12% for industrial purposes. Rest of the water goes waste on account

of mismanagement and the lack of facilities of better utilisation.

Whereas water is scarce and limited, its users are numerous and ever

increasing. With the development in the living standards of the people,

the consumption of the water is increasing everyday without there being

any corresponding increase in its total availability. According to an

estimate in World Book Encyclopaedia, on an average a person needs

about 60,600 ltrs. of water during his life time and in industrial

countries like U.S.A. each person presently is using about 260 litrs.

of water every day. The consumption in our country is however much

less. On account of the advancement in the technology and of

civilization, water needs are increasing. In their quest to have

comfortable life, people want more and more water. Facilities like

ACs., garbage disposals, automatic washers and modern bathrooms,

earlier considered as luxury are now deemed as necessities of life of

a large human population.

India is one of the most fortunate countries endowed with

enviable wealth of water resources. The average annual

precipitation in this country is higher than that of any other

continent in the world with the exception of South America. However,

on account of meagre resources and lack of developmental facilities,

India uses only 1/10th of the precipitation which it receives

annually with the result that the rest of water goes waste into the

sea. The sources of water in this country are either the frozen snow

which melts in summer or accumulated water in dams during monsoon

seasons which is utilised off that season. In the absence of proper

water source management, great population of the people suffer every

year on account of either the floods or droughts. Geographically,

India has more than 20 major river basins. Some of those, such as

Indus, Chenab, Ganga, Brahamputra and Teestha, though originating

from and flowing in India are yet in effect and essence, international

rivers as they pass through the territories of other sovereign states.

Despite independence for more than half a century, the country

has not been in a position to construct more than 3000 large and small

dams with the result that most of the water otherwise available in the

country remains unutilised. Almost in all countries of the world,

efforts are being made to regulate the user of water resources

alongwith the user of the land resources. Water management is required

to be viewed in the light of the land management. The law relating to

water rights has undergone a sea change all over the world.

International and inter-State disputes regarding the user of water are

sought to be settled by recourse to the process of law in place of

the old doctrine or settlement "by war or diplomacy". Water under all

prevalent systems of law has been declared to be the property of the

public and dedicated to their use, subject to appropriation and

limitations as may be prescribed either under law or by settlement or

by adjudication. The disputes relating to water management, its

development and its distribution are to be considered not from rigid

technical or legal angle but from the pre-eminently important

humanitarian point of view as water wealth admittedly forms a focal

point and basis for the biological essence and assistance of socio

economic progress and well being of human folk of all the countries.

In resolution of the disputes relating to development, management and

distribution of the water reliance has to be placed upon the long

usage, customs, prevalent practices, rules, regulation Acts and

judicial decisions. There is no dispute that under the

constitutional scheme in our country right to water is a right to life

and thus a fundamental right. In India the importance of water is

recognised under the constitution as is evident from Article 262, 7th

Schedule List II Entry 17, List I, Entry 56, and Statutes like

Inter-State Water Disputes Act, 1956 and Rivers Boards Act, 1956.

The controversy, in the present proceedings, amongst the States

of Maharashtra, Karnataka and Andhra Pradesh is with respect to the

utilisation of the water of Krishna River which is the second largest

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river in the Penninsular India. The river has a total length of 870

miles originating from Western Ghats near Mahabaleshwar and flows

through parts of the aforesaid three States. The Krishna River Basin

has an area of about one lakh sq.miles which directly affects about 39

million inhabitants of the three States. The water of this river has

been the bone of contention between the riparian States for over a

period of one and a half century. It was only in 1855 when the Krishna

Delta Canal System was commenced to properly regulate the user of water

of this river. After re-organisation of the States in November, 1956,

the Central Water and Power Commission drew up scheme for re-allocation

of Krishna Waters which was not accepted by the concerned States with

the result that an Inter-State Conference was held in September, 1960

but as no settlement could be arrived at, the matter was ultimately

referred to the Tribunal for adjudication which submitted its reports

Exhibits PK1 and PK2 which have been elaborately dealt with in the main

judgment.

From April, 1969, alongwith the undefined huge water, national

assets being the public money has flown through the river into the Bay

of Bengal on account of pending litigation. Despite huge expenditure

incurred and momenteous job performed by the Tribunal, the most

acceptable solution regarding distribution of water was not accepted by

the concerned States on pretexts and under the wrangles of

technicalities. Even the States initially accepting the reports of the

Tribunal have been changing their stands which resulted in keeping the

matter alive, notwithstanding the consequential losses but obviously

for the concerned States' convenience primarily actuated by political

considerations and changes but apparently for proclaimed interests of

their inhabitants.

The dismissal and disposal of the suits filed by the States of

Karnataka and Andhra Pradesh and rejection of the plea raised by

Maharashtra in its additional written statement would not settle the

dispute or solve the problem but unfortunately will become the basis of

new litigation between the States which is surely likely to adversely

affect their inhabitants resulti

ng in the wastage of the waters of Krishna which otherwise has been

found in abundance. It is hoped that as and when action is initiated

upon our judgment, the Tribunal or the authority appointed in

consequence thereof, for the purposes shall expedite the matter and

ensure that the most precious gift of nature - water and the public

money is not wasted in uncalled for, avoidable and imaginary

litigation. It is not disputed that in the absence of the Reservoir

System under Scheme B as formulated by the Tribunal, a lot of water of

Krishna is wasted and permitted to submerge in the Bay of Bengal. Let

better sense prevail upon all concerned to ensure the safety of the

river and proper utilisation of its water for the benefit of

inhabitants of the Krishna River Basin.