New Delhi, Jan 12 (PTI) The Supreme Court on Monday disposed of a Telangana government's writ petition against the Polavaram Multipurpose Irrigation Project in Andhra Pradesh, but granted it the liberty
to file a fresh lawsuit under Article 131 of the Constitution.
Article 131 grants the top court original jurisdiction to hear disputes between the Centre and states or between states themselves, particularly concerning legal rights, ensuring that a single authoritative body resolves these critical federal issues.
A bench of Chief Justice of India (CJI) Surya Kant and Justice Joymalya Bagchi disposed of the Telangana government's writ petition on the ground that it was not maintainable.
Senior advocate Abhishek Singhvi, appearing for the Congress-led government, said their lawsuit is ready and will be filed shortly.
The bench pointed out that there are other stakeholders in the dispute like Maharashtra and Karnataka and the writ petition has not made them party to the litigation.
The top court was hearing a plea filed by the Telangana government against the Centre's extension of financial assistance to Andhra Pradesh to expand the Polavaram project.
The plea also challenges the grant of environmental clearance for the project and alleges that the detailed project report (DPR) violated the Central Water Commission's (CWC's) recommendations.
Later, Telangana Irrigation Minister Uttam Kumar Reddy told PTI Videos that the top court gave the state government a patient hearing and advised it to file a lawsuit under Article 131 instead of pursuing the writ petition under Article 32 of the Constitution.
Article 32 permits any person to move the top court for the enforcement of fundamental rights.
On January 5, the top court asked the Telangana government whether its writ petition challenging the expansion of the Polavaram project in Andhra Pradesh was maintainable.
It had said if the issue pertained to various states and the Centre, the better legal course would be to file a plea under Article 131 rather than filing a writ petition under Article 32.
While asking the Telangana government to consider filing a lawsuit under Article 131, the top court had asked the parties to think about "mediation" to resolve the dispute.
Singhvi had sought time to apprise the court whether the state would be filing a lawsuit under Article 131.
The top court had also noted that the Centre was spearheading the Polavaram project as well and that a committee had been set up to consider such issues.
Singhvi had earlier argued that the petition was maintainable as this could not be considered a "water dispute" and did not fall under the purview of any tribunal under the Inter-state Water Disputes Act.
Senior advocate Mukul Rohatgi, appearing for Andhra Pradesh, had earlier submitted that the DPR was sanctioned only after taking into consideration the comments of other stakeholders, like Maharashtra, Telangana and Karnataka.
According to the award and the CWC, the approved amount of water to be diverted was 80,000 Million Cubic Feet (TMC) to the Krishna river through its canal system for use in the Krishna Delta System.
However, Telangana said the expansion would propose to divert 200 TMC instead without the requisite approvals. PTI MNL SJK DIV
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