08 April 2011
Supreme Court
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STATE OF ORISSA Vs GOVERNMENT OF INDIA

Bench: ALTAMAS KABIR,CYRIAC JOSEPH, , ,
Case number: W.P.(C) No.-000443-000443 / 2006
Diary number: 22711 / 2006
Advocates: RADHA SHYAM JENA Vs D. BHARATHI REDDY


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IN THE SUPREME COURT OF INDIA

CIVIL ORIGINAL JURISDICTION I.A.NO.4-5  

 IN

                   WRIT PETITION (C) NO(s). 443 OF 2006

STATE OF ORISSA                                   Petitioner(s)

                VERSUS

GOVERNMENT OF INDIA & ANR.                        Respondent(s)

O R D E R   

IA Nos. 4 and 5 have been filed in this  

disposed of matter by the State of Andhra Pradesh  

and the Union of India.

2. IA 4 has been filed by the State of Andhra  

Pradesh for a direction upon the Union of India to  

take steps to appoint the Chairman of the Tribunal  

to consider the water disputes between the States  

of Andhra Pradesh and Orissa with regard to the  

sharing of the waters of river Vansadhara.

3. From a letter addressed to the Registrar of  

this  Court  by  the  learned  advocate  for  the  

petitioner  on  6th instant,  it  appears  that  the  

Chairman  of  the  “Vansadhara  Water  Dispute

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Tribunal” has since been appointed.   Such prayer  

made  on  behalf  of  the  State  of  Andhra  Pradesh,  

therefore, stands satisfied.   However, the second  

part of  prayer(a) on the basis whereof the Union  

of  India  was  directed  to  provide  the  necessary  

infrastructure for the Tribunal to function, has  

not yet been complied with and a prayer has been  

made in I.A.No.5 filed by the Union of India in  

the  month  of  February,  2011,  for  three  months'  

time to provide the same.    The prayer made on  

behalf  of  the  State  of  Andhra  Pradesh  is  duly  

supported  by  the  State  of  Orissa  and  Mr.  Raju  

Ramachandran, learned senior advocate, has in fact  

made  a  prayer  that  the  directions  be  made  

peremptory.

4. Having considered the submissions made on  

behalf of the parties and in particular those made  

by Mr. Jain, learned ASG, appearing for the UOI,  

who assures us that the infrastructural facilities  

will be provided within the month of July, 2011,  

we  allow both the applications and direct that  

all  infrastructural  facilities  to  enable  the  

Tribunal to function properly and effectively  be  

provided by the Union of India by 31st July, 2011,

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and the Chairman of the Tribunal   be informed  

accordingly within 16th July, 2011.

5. We also make it clear that if any prayer is  

made to the Hon'ble Chairman for interim orders  

and if he is  in a position to consider the same,  

he may  do so upon notice to all the parties.

6. Both the IAs are allowed and disposed of.

  ..................J.    (ALTAMAS KABIR)

   

    ...................J.                           (CYRIAC JOSEPH)

    NEW DELHI; April 08, 2011.