- (1.) THE issue concerns residential accommodation to the Chairman and Members of the Mahadayi Water Disputes Tribunal (for short "the Tribunal ") constituted by the Central Government under Section 4 of the Inter-States Water Disputes Act, 1956 (for short "1956 Act "). The Tribunal was constituted by the Ministry of Water Resources, Government of India by Notification dated November 16, 2010. The Chairman of the Tribunal is a former Judge of this Court and the two members are former Judges of the Andhra Pradesh High Court and Madhya Pradesh High Court.
(2.) WE are informed by Mr. H.P. Raval, learned Additional Solicitor General that the Chairman of the Tribunal assumed office on November 1, 2011 and the two members joined on November 16, 2011 and December 1, 2011 respectively. However, the residential accommodation, to which they are entitled, under the Inter State Water Disputes Rules, 1959 (for short "1959 Rules "), as amended from time to time, has not been made available to them so far. Mr. Raval submitted that he had taken up the matter with the Secretary, Ministry of Water Resources, Government of India, but nothing concrete has fructified.
(3.) 1959 Rules have been made by the Government of India under Section 13 of the 1956 Act. Paragraph 2 of sub-rule (2) of Rule 6, as amended, reads as under: "Where the Chairman or any Member of a Tribunal retires from service as a Judge of the Supreme Court or High Court, as the case may be, during the terms of office of such chairman or Member, he shall be provided with furnished Government accommodation, if available, without payment of rent and, in case no such accommodation is provided or he does not avail himself of the Government accommodation, he shall be paid every month such allowance as is admissible to the serving Judges of the Supreme Court or of a High Court as the case may be. " ;