Supreme Court to hear Goa’s plea on Mahadayi dispute in November: CM Sawant
In February this year, Goa approached the Supreme Court also seeking a stay on the Central Water Commission’s approval given to Karnataka to divert the river.
The Supreme Court of India on Monday admitted a special leave petition (SLP) filed by the state of Goa challenging the decision of the Mahadayi Interstate Water Disputes Tribunal and has posted the matter for hearing in November, Chief Minister Pramod Sawant, said.
Read here: In major boost, SC admits Goa’s plea challenging Mahadayi award: Pramod Sawant
“A great start to the week for Goa and Goans. In a major boost to Goa’s legal battle for River Mhadei, the Supreme Court of India, today, admitted the Special Leave Petition (SLP) filed by [the] State of Goa challenging the award of the Mhadei tribunal. [The] Supreme Court now fixes the matter for hearing from 28th November 2023. The Supreme Court also asks the order of Wildlife Warden to be produced before it. Also grants time to file additional evidence within 4 weeks,” Sawant tweeted.
In February this year, Goa approached the Supreme Court also seeking a stay on the Central Water Commission’s approval given to Karnataka to divert the river, a decision that was seen at the time as a political move to tilt the scales in favour of the ruling BJP government that was seeking re-election in the southern state. It lost.
Goa sought a stay citing section 29 of the Wildlife Protection Act, which disallows the diversion of waters from a Wildlife Sanctuary unless specifically for the benefit of the wildlife of that sanctuary.
The Chief Wildlife Warden (Goa) had also issued a notice to the Karnataka government against going ahead with the work given that it was likely to be taken up in the vicinity of Goa’s Mhadei Wildlife Sanctuary.
The Kalasa Banduri project — an ambitious plan to divert waters of the west-flowing streams of the Kalasa and Bandura that are tributaries of the west-flowing River Mahadayi to the east-flowing Malaprabha River — was started by the Karnataka government in the mid 1980s with plans to set up hydroelectric project of 350 megawatts.
Both the Goa and Karnataka governments have, for very different reasons, challenged the final award granted by the tribunal.
While Goa approached the Supreme Court arguing that Karnataka shouldn’t be allowed to divert any water owing to the fact that the Mahadayi river is a water deficient river, Karnataka moved the Supreme Court arguing that the tribunal erred in granting it only 13.42 tmc of water.
The Goa government has alleged that Karnataka has already begun illegally diverting water via a network of canals that were constructed despite an assurance given by Karnataka in 2017 that no further work would be carried out and has written to the Centre to constitute the Mahadayi Water Management Authority, a body that the Tribunal said was necessary to implement its report and final decision.
The first budget presented by newly-elected chief minister Siddaramaiah on July 7 promised to take forward the project no sooner they secure the required permissions including environmental and forest clearances.