- (1.) By judgment dated 4/5/1990 in Writ Petition No. 13347 of 1983 this court directed the central government to notify in the Official Gazette the constitution of an appropriate tribunal for the adjudication of water dispute between the plaintiff and the defendants.
(2.) By notification dated 2/6/1990, a tribunal namely, Cauvery Water Disputes tribunal (hereinafter referred to as "the tribunal") was constituted for adjudicating the water disputes regarding the inter-State River Cauvery and the river valley thereof. After the said notification, interim application was filed by the plaintiff before the tribunal praying for the following reliefs: (A) direct the State of Karnataka not to impound or utilise water of Cauvery River beyond the extent impounded or utilised by them as on 31/5/1972, as agreed to by the Chief Ministers of the basin States and the Union Minister for Irrigation and Power, that day; and (B) pass an order of injunction restraining the State of Karnataka from undertaking any new projects, dams, reservoirs, canals, etc. , and/or from proceeding further with the construction of projects, dams, reservoirs, canals, etc. , in the course of River Cauvery or its tributaries except with the consent of Tamil Nadu or with the specific directions of this Hon'ble tribunal; and (C) pass such further or other orders as this Hon'ble tribunal may be pleased to in the interest of justice.
(3.) By order dated 5/1/1991, the tribunal dismissed the aforesaid application as in its opinion, it could not decide the disputes not referred to it including the dispute regarding grant of interim relief. The plaintiff, thereafter filed Civil Nos. 303-304 of 1991 against the said order. This court by judgment dated 26/4/1991 set aside the aforesaid decision of the tribunal and directed it to decide afresh the interim application on merits.;