New Delhi

Apex court notice to State on Karnataka plea

New Delhi: The Supreme Court on Tuesday issued notice to the Centre, Maharashtra and Andhra Pradesh on a petition from Karnataka for a declaration that the Krishna Water Disputes Tribunal should be deemed to have been set up only from the date on which it starting functioning and not the date of notification of constitution of the Tribunal.

A Bench of Justice B.N. Agrawal and Justice H.S. Bedi issued notice after hearing senior counsel Fali Nariman, appearing for Karnataka, that though the Tribunal was notified on April 2, 2004, it did not commence functioning for over two and half years due to lack of infrastructure. Important questions had to be decided in the matter, he said. The Bench posted the matter for further hearing on September 19.

In its petition, Karnataka said that since the Tribunal adjudicating the dispute among the States of Karnataka, Andhra Pradesh and Maharashtra effectively began functioning only from August 2006 it should have a tenure of three years up to August 2009 so that it could complete its work and submit its report. However, as per the present schedule the Tribunal could function only till October 1 and thereafter for six months up to March 31 only.

It said that the question of law raised in this writ petition was the interpretation of Sections 5 (1) and Section 5 (2). “As worded, it appears to mandate the decision being given in all matters referred to it within three years from the date of reference with powers to the Central Government to extend the period for further years.”

The petition said that if the actual date of functioning of the Tribunal was taken as August 2006, it could function till 2009 with powers of the Centre to extend by two more years.

It sought a direction to the Centre to treat the starting point of the Tribunal as August 2006 and not April 2004.

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