Natural Resources - The Legal Chamber

Supreme Court Upholds Expert Panels’ Role in Cauvery Water Dispute, Dismisses Tamil Nadu’s Applications

3Feb

By The Legal ChamberNo Comments

Supreme Court

Supreme Court Upholds Expert Panels’ Role in Cauvery Water Dispute, Dismisses Tamil Nadu’s Applications

The Supreme Court declined to intervene, emphasizing the principle of judicial restraint in matters requiring technical expertise. It held that statutory expert bodies like the CWMA and CWRC are the appropriate fora to adjudicate disputes concerning water allocation and project approval under the final decree, and parties must exhaust these remedies first. Facts Of The Case: The case concerns the long-standing Cauvery river water dispute between the State of Tamil Nadu and the State of Karnataka. The core issue arose when Tamil Nadu filed Miscellaneous Application No. 3127 of 2018 in the Supreme Court, seeking to stall Karnataka's proposed Mekedatu Balancing Reservoir cum Drinking Water Project. Tamil Nadu argued that the Central Water Commission's (CWC) permission for ...

Supreme Court Sets Aside Mining Tender: “Previous Year” Means Year Before Bid

The Supreme Court emphasized that judicial review in tender matters ensures fairness and non-arbitrariness under Article 14. It held that misinterpretation of a tender condition, which wrongly excludes the highest bidder and deprives the state of revenue, vitiates the decision-making process. The court underscored the state's duty to maximize public value in natural resource auctions. Facts Of The Case: The case involved a public auction for a five-year sand quarry lease in Odisha. The appellant, M/s Shanti Construction Pvt. Ltd., was the highest bidder but its bid was rejected by the Tender Committee for allegedly failing to comply with Rule 27(4)(iv) of the Odisha Minor Mineral Concession Rules, 2016. The rule required submission of an Income Tax Return for the "previous Financial Year...

Coal India’s 20% Price Hike for Select Industries Upheld by Supreme Court

The Supreme Court upheld the constitutional validity of Coal India's Interim Pricing Policy, ruling that the 20% price increase for the non-core sector was a valid economic policy decision. The Court affirmed that such price fixation, based on reasonable classification and to subserve the common good, does not violate Article 14, and set aside the refund directed by the High Court. Facts Of The Case: Following the Supreme Court's 2006 decision in Ashoka Smokeless that struck down the e-auction system for coal sales, Coal India Limited (CIL) introduced an Interim Coal Policy on December 15, 2006. This policy increased the price of coal by 20% over the pre-e-auction notified price specifically for linked consumers in the non-core sector, such as manufacturers of smokeless fuel. An associat...