Supreme Court grants six months to Centre to set up tribunal to resolve Pennar water dispute

New Delhi: The Supreme Court on Friday granted six months time to the Union government to comply with the apex court's February 2, 2026 judgment to set up an inter-state water tribunal to adjudicate upon the dispute between Karnataka and Tamil Nadu in respect of Pennar/ Pennaiyar river.

A bench of Justices Vikram Nath and Sandeep Mehta allowed an application filed by the Centre represented by Additional Solicitor General Aishwarya Bhati seeking six months' time to constitute the tribunal. She said the government is taking expeditious steps in the matter.

"The statutory and procedural requirements require a reasonable amount of time for completion. The applicant is making all earnest efforts to ensure compliance with the directions of this court at the earliest. The delay in compliance is neither intentional nor deliberate but has occurred due to circumstances beyond its control,'' the Centre said.

Pennar/ Pennaiyar is an inter-state river. The State of Karnataka is upper riparian and Tamil Nadu, lower riparian. 

During the hearing, advocate Nishanth Patil, appearing for the Karnataka government submitted that actually, it is a very small matter.

Karnataka's Advocate General Shashi Kiran Shetty and senior advocate Mohan Katarki also represented the state. Tamil Nadu was led by senior advocate V Krishnamurthy.

In its application, the Centre said, the Ministry of Jal Shakti has initiated necessary steps for compliance with the directions of this court, as inter-ministerial consultations have been completed; after incorporating the views and comments of various Ministries, the draft cabinet note has been approved by Minister of Jal Shakti; and the draft cabinet note has been forwarded to the Cabinet Secretariat for consideration of the Union Cabinet.

It also stated that the remaining formalities to ensure compliance with the directions included after the approval of Cabinet, the request for nomination for the post of Chairman and Members in the Pennaiyar Dispute Tribunal as per Inter State River Water Disputes Act, 1956 would be sent to the Chief Justice of India.

"After nomination of the Chairman and Members by the Chief Justice of India, the draft notification would be prepared and vetted by the Department of Legal Affairs, thereafter, the notification constituting the Tribunal would be notified,'' it said.

Tamil Nadu has filed a complaint under Section 3 of the Act of 1956, complaining that various projects taken by the State of Karnataka across the main Pennaiyar River and its tributary Markendeya Nadhi have prejudicially affected or are likely to affect the interests of the downstream state of Tamil Nadu and its inhabitants.

The State of Karnataka, opposing the contention submitted that out of the total water of 11.77 TMC in the catchment of Karnataka, the state has planned utilisation of 9.77 TMC, leaving 2 TMC and surplus water to the State of Tamil Nadu, which it submitted as sufficient to meet the requirements of Tamil Nadu.