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Special Reference 1 of 2012

Special Reference 1 of 2012

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Published by: Bar & Bench on Sep 27, 2012
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08/30/2013

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Nadu Vs. State of Karnataka & Ors.14

(hereinafter

referred to as “Cauvery I”), which dwelled on the issue

whether the Cauvery Water Disputes Tribunal (for short

“the Tribunal”) had the power to grant interim relief. In

14

1991 Supp (1) SCC 240

43

Page 44

that case, applications filed by the State of Tamil Nadu for

urgent interim reliefs were rejected by the Tribunal on the

ground that they were not maintainable. This order was

challenged, resulting in the judgment dated 26th

April,

1991 by this Court, where it was held as follows:

“15. Thus, we hold that this Court is the ultimate
interpreter of the provisions of the Interstate
Water Disputes Act, 1956 and has an authority
to decide the limits, powers and the jurisdiction
of the Tribunal constituted under the Act. This
Court has not only the power but obligation to
decide as to whether the Tribunal has any
jurisdiction or not under the Act, to entertain
any interim application till it finally decides the
dispute referred to it…”

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