The Supreme Court on Tuesday framed the issues to be heard in the Neyyar river water dispute between neighbouring States Kerala and Tamil Nadu, including whether the river can be classified as an inter-State river.
A Bench led by Justice Ranjan Gogoi decided to move ahead with the long pending suit between the two States and agreed to hear on several disputed issues, including whether the supply of water to Tamil Nadu by Kerala since 1965 was only a gesture of good will or a legal obligation impsed by Section 108 (2) of the State Re-organisation Act, 1956.
The court agreed to hear both States on whether the stoppage of water by Kerala in 2004 was an unlawful variation of the Neyyar Irrigation Project protected under the 1956 Act.
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It would also look into the technical question on whether Stage II of the project can be said to be “had been taken in hand, but not completed” before the appointed day of November 1, 1956.
Other important issue which would be considered by the apex court would be whether domestic supply of water in Kerala has a first charge over the claims of Tamil Nadu for water under the Neyyar Irrigation project.