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SC permits Karnataka to withdraw plea

By J. Venkatesan

NEW DELHI Sept. 3. The Supreme Court today permitted Karnataka to withdraw its application to restrain Andhra Pradesh from implementing the Telugu Ganga and the Srisailam Left Bank canal projects by utilising the surplus waters of Krishna river.

A five-Judge Constitution Bench comprising Justice G.B. Pattanaik, Justice V.N. Khare, Justice U.C. Banerjee, Justice S.N. Variava and Justice Ashok Bhan permitted senior counsel for Karnataka, F.S. Nariman, to withdraw the application when the Bench asked the State to approach the Centre to constitute another Tribunal to go into the Krishna water dispute.

Earlier the counsel submitted that the Apex Court had held that Andhra Pradesh could use the surplus water naturally flowing down the river but it would not acquire any permanent right over it.

He said in violation of the order, Andhra Pradesh was constructing these two big projects on a permanent basis with an intention to utilise the surplus water. He also brought to the notice of the Court that the Centre had informed the State that it had not given its approval for the two projects.

He urged the Court to restrain Andhra Pradesh from continuing to utilise the surplus waters (or any part thereof) in the two projects and to proceed further with the construction and implementation of the projects.

But the Bench drew Mr. Nariman's attention that the apex court order of April 2000 gave liberty to Karnataka to approach the Centre for constitution of another Tribunal to settle the disputes arising out of the utilisation of Krishna water.

"Why have you not approached the Centre, particularly when you came to know that the projects were not approved by the Centre'', the Bench asked and said after a suit was dismissed an interlocutory application could not be entertained.

Thereafter Mr. Nariman said Karnataka would not press the application and that it would urge the Centre to constitute a Tribunal.

The Bench recorded the submission and permitted the State to withdraw the application.

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