STATE OF ORISSA vs. GOVERNMENT OF INDIA

Case Type: Writ Petition Civil

Date of Judgment: 08-04-2011

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Full Judgment Text

1 IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION I.A.NO.4-5 IN WRIT PETITION (C) NO(s). 443 OF 2006 STATE OF ORISSA Petitioner(s) VERSUS GOVERNMENT OF INDIA & ANR. Respondent(s) O R D E R IA Nos. 4 and 5 have been filed in this disposed of matter by the State of Andhra Pradesh and the Union of India. 2. IA 4 has been filed by the State of Andhra Pradesh for a direction upon the Union of India to take steps to appoint the Chairman of the Tribunal to consider the water disputes between the States of Andhra Pradesh and Orissa with regard to the sharing of the waters of river Vansadhara. 3. From a letter addressed to the Registrar of this Court by the learned advocate for the th petitioner on 6 instant, it appears that the Chairman of the “Vansadhara Water Dispute 2 Tribunal” has since been appointed. Such prayer made on behalf of the State of Andhra Pradesh, therefore, stands satisfied. However, the second part of prayer(a) on the basis whereof the Union of India was directed to provide the necessary infrastructure for the Tribunal to function, has not yet been complied with and a prayer has been made in I.A.No.5 filed by the Union of India in the month of February, 2011, for three months' time to provide the same. The prayer made on behalf of the State of Andhra Pradesh is duly supported by the State of Orissa and Mr. Raju Ramachandran, learned senior advocate, has in fact made a prayer that the directions be made peremptory. 4. Having considered the submissions made on behalf of the parties and in particular those made by Mr. Jain, learned ASG, appearing for the UOI, who assures us that the infrastructural facilities will be provided within the month of July, 2011, we allow both the applications and direct that all infrastructural facilities to enable the Tribunal to function properly and effectively be st provided by the Union of India by 31 July, 2011, 3 and the Chairman of the Tribunal be informed th accordingly within 16 July, 2011. 5. We also make it clear that if any prayer is made to the Hon'ble Chairman for interim orders and if he is in a position to consider the same, he may do so upon notice to all the parties. 6. Both the IAs are allowed and disposed of. ..................J. (ALTAMAS KABIR) ...................J. (CYRIAC JOSEPH) NEW DELHI; April 08, 2011.