1. River Krishna is an inter-State river traversing states of Maharashtra, Karnataka and Andhra Pradesh. Krishna Water Disputes Tribunal (KWDT) was set up under Inter-State River Water Disputes Act, 1956 vide notification No. S.O. 1419 dated 10th April, 1969 (hereinafter referred to as KWDT-I) to adjudicate upon the water dispute regarding the Inter-State river Krishna and the river valley thereof.
2. KWDT-I delivered its Report with decision in December 1973 and the Further Report with decision in May 1976. The decision of KWDT-I was published, vide notification No. S.O. 384 (E) dated 31st May, 1976. It allocated water to the three riparian States, Maharashtra, Karnataka and Andhra Pradesh of which share of Andhra Pradesh was 811 TMC. The Tribunal stipulated that at any time after the 31st May, 2000, this order may be reviewed or revised by the competent authority or Tribunal.
3. In pursuance of the decision of KWDT-I and the requests received under Section (3) of the said Act from the Governments of Maharashtra, Karnataka and Andhra Pradesh, the Central Government set up another Krishna Water Disputes Tribunal vide notification No. S.O. 451 (E) dated 2nd April, 2004 (hereinafter referred to as KWDT – II). Shri Justice Brijesh Kumar, Judge of Supreme Court of India (now retired) is the Chairman of the Tribunal and Shri Justice S.P. Srivastava, Judge of the Allahabad High Court (now retired) and Shri Justice D.K. Seth, Judge of the Kolkatta High Court (now retired) are Members of the Tribunal.
4. KWDT-II passed order on 9th June, 2006 on the Interim Relief Application filed by the party States of Maharashtra, Karnataka and Andhra Pradesh declining to give interim relief as sought in the application and at the same time indicating certain norm with a view to facilitate adjudication of the dispute before the Tribunal. Subsequently, State of Andhra Pradesh filed Interlocutory Application under Section 5(3) of the ISRWD Act, 1956 seeking further explanation/guidance on the Order of the Tribunal of 9th June, 2006. The Tribunal in its hearing held in September and October, 2006 has framed 29 issues for adjudication of the dispute before it.
5. KWDT – II after examining the submissions made by the States viz. Maharashtra, Karnataka and Andhra Pradesh gave its report under Section 5 (2) of the said Act on 30th December, 2010.
6. Immediately after submission of the report by the Tribunal on 30th December, 2010, the State of Andhra Pradesh filed an SLP (Civil) No. 10498/2011 in March, 2011 before the Hon’ble Supreme Court as well as, along with the States of Maharashtra and Karnataka, submitted their references before KWDT – II under Section 5 (3) of ISRWD Act, 1956. The Hon’ble Supreme Court, vide its order dated 16th September, 2011, directed that till further orders, the decisions which may be taken by the Tribunal on the reference petitions filed by the three States and the Central Government shall not be published in the official Gazette in terms of Section 6 (1) of the Act. Thus the matter of KWDT-II is sub-judice before the Hon’ble Supreme Court.
7. The references submitted before KWDT – II by States of Maharashtra, Karnataka and Andhra Pradesh under Section 5 (3) of ISRWD Act, 1956 were examined by KWDT–II and the further report has been submitted on 29th November, 2013. The Tribunal has modified its earlier decision dated 30th December, 2010 given under Section 5(2) of the Act, by reducing the share of water of State of Karnataka by 4 TMC and adding the same to the share of State of Andhra Pradesh.
8. On 16th January, 2014, the State of Andhra Pradesh has filed another SLP (Civil) No. 3076-3079 of 2014 before the Hon’ble Supreme Court against the impugned Further Report/Order dated 29.11.2013 passed by the KWDT-II. A Counter-Affidavit has been filed in the Supreme Court on 1st September 2014 on behalf of Union Government stating that as per Section 11 of ISRWD Act, SLP is not maintainable.
9. In this petition, Government of Maharashtra has now filed an I.A. No.5-8 of 2014 praying to the Hon’ble Supreme Court to direct the Government of India to notify the decision of the KWDT of 30th December, 2010 and the further report of 29th November, 2013 by the Tribunal under references made under Section 5(3). Its reply is already given in the above Affidavit.
10. The term of the Krishna Water Disputes Tribunal-II has been extended for two years w.e.f. 1st August 2014 vide Gazette Notification dated 15th May, 2014 for making project-wise specific allocation, if such allocation have not been made by a Tribunal and determine an operational protocol for project-wise release of water in the event of deficit flows in terms of Section 89 of the Andhra Pradesh Reorganization Act, 2014 (No. 6 of 2014).
11. Further, in accordance with the said Act, the Central Government has constituted the Krishna River Management Board and Godavari River Management Board for the administration, regulation, maintenance and operation of projects on rivers Krishna and Godavari respectively vide Gazette Notification dated 28th May, 2014. An Apex Council for supervision of Krishna & Godavari River Management Boards has also been constituted vide Gazette Notification dated 29th May, 2014.