THE SUPREME Court on Tuesday said it would examine if the Inter-State Water Tribunal could rely upon the agreements between the Mysore ruler and Madras Presidency to determine sharing of Cauvery river water between Tamil Nadu and Karnataka even after the Constitution came into force.
“The question is if the agreements between Mysore ruler and Madras Presidency could be relied upon even after the (new) states came into existence by an Act of Parliament in 1956…we will decide whether Tribunal should have gone into those agreements and if those agreements still survived after the Constitution came into force,” said a bench headed by Justice Dipak Misra.
The court added it would consider if the Cauvery Water Dispute Tribunal should have gone into river water agreements between then Madras Presidency and erstwhile ruler of Mysore State in 1892 and 1924 in determining the quantum of water for Karnataka, Tamil Nadu and others.
As the bench listed final hearing on the appeals filed by Karnataka, Tamil Nadu, Kerala and Puducherry against the final decision of the Tribunal in 2007, the court said it would also look into legality of the Tribunal’s reliance on Cauvery water sharing which began in 1799 between the provinces.
“We would consider if the Tribunal’s decision was based on the principles of common sense, equity and justice,” the bench said, indicating that they would take three weeks to deliver the judgment in the pending dispute.
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