The State Of Andhra Pradesh Irrigation And Cad Department Thr. Its Principal Secretary vs. The State Of Karnataka Vidhan South Thr. Its Chief Secretary

ITEM NO.301 COURT NO.8 SECTION XIV S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS I.A. NO.3 IN Petition(s) for Special Leave to Appeal (Civil) No(s).10498/2011 (From the Judgement and Order dated 30.12.2010 of the Krishna Water Disputes Tribunal at New Delhi) STATE OF A.P. Petitioner(s) VERSUS STATE OF KARNATAKA & ANR. Respondent(s) (With appln(s) for stay and office report) Date: 16/09/2011 This Petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE G.S. SINGHVI HON'BLE MR. JUSTICE R.M. LODHA For Petitioner(s) Mr. K. Parasaran, Sr. Adv. Mr. Harish Salve, Sr. Adv. Mr. Sudharshan Reddy, Sr. Adv. Mr. M.R.S. Srinivas, Adv. Mr. G. Umapathy, Adv. Mr. T.N. Rao, Adv. For Respondent(s) Mr. Anil B. Diwan, Sr. Adv. Mr. S.S. Javli, Sr. Adv. Mr. Mohan V. Katarki, Adv. Mr. Brijesh Kalappa, Adv. Mr. Gurudatta Ankolekar, Adv. Mr. Ranvir Singh, Adv. Mr. V.N. Raghupathy,Adv. Mr. T.R. Andhyarujina, Sr. Adv. Mr. D.M. Nargolkar,Adv. Mr. Soumik Ghosal, Adv. UPON hearing counsel the Court made the following O R D E R In this application filed on behalf of the State of 2 Andhra Pradesh, prayer has been made for stay of the operation of decision dated 30.12.2010 of the Krishna Water Disputes Tribunal (For short, 'the Tribunal'), which is subject matter of challenge in the special leave petition. Another prayer made in the application is for the stay of the proceedings pending before the Tribunal under Section 5(3) of the Inter-State River Water Disputes Act, 1956 (For

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short, 'the Act').

We have heard Shri K. Parasaran and Shri Harish Salve, Senior Advocates appearing for the petitioner-applicant and Shri T.R. Andhyarujina and Shri Anil B. Diwan, Senior Advocates appearing for the States of Maharashtra and Karnataka respectively and perused the record.

In our opinion, there is no justification to stay decision dated 30.12.2010 because the reference petitions filed by the party States and Central Government are pending before the Tribunal. We are also not inclined to stay the proceedings of the reference petitions. However keeping in view the fact that the matter would require detailed consideration by this Court, we direct that till further orders the decision 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.

List the main matter on 15.11.2011.

P.A. Court Master

(Rama Chopra) (Phoolan Wati Arora)

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