Pennaiyar River dispute | Imperative to set up inter-state tribunal, if negotiations fail: Supreme Court

New Delhi: The Supreme Court has said where the statutorily prescribed negotiation process conducted under the aegis of the central government fails to bring about a resolution of an inter-State River water dispute, it becomes imperative for the Centre to constitute a tribunal, and to refer the dispute for adjudication to such a body.

A bench of Justices Vikram Nath and N V Anjaria found that the Pennaiyar River water dispute has been pending consideration before this court since the year 2018.

Multiple efforts have been undertaken by the concerned stakeholders to bring about an amicable resolution of the dispute, the court noted.

"However, we have no hesitation in recording that the negotiation process has not yielded any mutually acceptable outcome. In view of the inability of the parties to arrive at a common settlement, we consider it appropriate to call upon the central government to constitute a tribunal in terms of the statutory framework, so that the dispute may be adjudicated in accordance with law,'' the bench said.

The court rendered its judgment on an original suit filed by Tamil Nadu under Article 131 of the Constitution, claiming various projects related to constructions of check dams would affect the flow of the river water in lower riparian states. The judgment pronounced on Monday was uploaded on Tuesday.

The court also noted, the Centre filed an affidavit on October 7, 2025, stating that the prevailing position on the ground with respect to the statutorily mandated negotiation process.

"The said affidavit records that, during the ministerial level negotiations, the plaintiff-State unequivocally conveyed that the Pennaiyar River water dispute ought to be resolved through adjudication by a Tribunal. It was in view of this firm stand adopted by the plaintiff-State that defendant no 2 (Centre) took a decision to indefinitely defer the negotiation process,'' the bench said.

The court thus found no reason to refrain from directing the central government to issue an appropriate notification in the official gazette and to constitute a water disputes tribunal for the adjudication of the inter se water dispute between the parties herein, within a period of one month.

The bench relied upon T N Cauvery Neerppasana Vilaiporulgal Vivasayigal Nala Urimai Padhugappa Sangam Vs Union of India (1990), wherein this court held that where the statutorily prescribed negotiation process conducted under the aegis of the central government fails to bring about a resolution of an inter-state river water dispute, it becomes imperative for the central government to constitute a river water disputes tribunal, and to refer the dispute for adjudication to such tribunal.