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AP projects: Resolution against Centre's 'partiality' demanded

By Our Special Correspondent

BANGALORE, JULY 31. The Government on Tuesday kept its options open on the demand that the Legislative Assembly adopt a resolution disapproving the ``partiality'' of the Centre towards Andhra Pradesh, and seeking a direction under Article 256 of the Constitution asking that State to stop execution of five unapproved projects using surplus waters in the Krishna Basin.

The demand was made by Mr. P.G.R. Sindhia, JD(U) Floor leader.

In his response, the Water Resources Minister, Mr. H.K. Patil, said he would discuss the matter with the Chief Minister and the Floor leaders in the House and take an appropriate decision.

The Leader of the Opposition, Mr. Jagadish Shettar, however, said the question of disapproval would arise only when there was discrimination by the Centre. What was of immediate relevance was the legal steps that had to be taken.

Mr. Sindhia, whose demand followed a suo motu statement by Mr. Patil on the execution of unapproved projects by Andhra Pradesh, said the Union Water Resources Minister's reply to the Chief Minister on the issue in February this year clearly admitted that Andhra Pradesh was executing the projects without the Centre's approval.

However the Centre had not replied to the subsequent letter by the Chief Minister in June reiterating that it should issue directions to Andhra Pradesh under Article 256 of the Constitution to stop execution of the five projects, Mr. Sindhia said. Pressure must be brought to bear on the Centre to direct Andhra Pradesh to stop work on the projects not approved by the Planning Commission and the Centre.

Mr. Patil earlier referred to a point made by Mr. Shettar and said there was no delay on the Government's part in filing an interlocutory application before the Supreme Court as decided at the all-party meeting in May, as two or three drafts had to be prepared for discussion with the legal advisor, Mr. F.S. Nariman. The summer vacation for the Supreme Court had also commenced by then.

He expressing displeasure over the reply by the Union Minister to one of the letters of the Chief Minister urging him to instruct Andhra Pradesh to stop work on the unapproved projects which were against the observations of the Supreme Court in the case filed by the State against Andhra Pradesh. Mr. Patil said there was need to tell the Centre that in a federal set-up those who follow the rules should not be punished.

Mr. Sindhia said the part of the reply by the Union Minister that some States were implementing projects without the approval of the Centre referred to Andhra Pradesh. By keeping quiet, the Centre was supporting the action of that State. The House should, therefore, adopt a resolution disapproving this ``soft'' attitude of the Centre towards Andhra Pradesh.

Asked why the Government had not filed a contempt petition against Andhra Pradesh as advised by Justice H.G. Balakrishna, a former judge of the High Court, at the all-party meeting, Mr. Patil said this had been discussed with experts, including Justice Balakrishna, but it was decided not to pursue that course.

At one stage, Mr. K.B. Koliwad (Cong.) took exception to the Union Water Resources Minister replying to a letter addressed by the Chief Minister to the Prime Minister.

Mr. Patil said this was a breach of protocol.

Mr. Patil, who made a long statement supported by references to the correspondence between the State and the Centre on the issue, assured the House that the Government would take all steps to ensure that the State's share of water under the Bachawat award was utilised.

The statement said that in his two letters to the Prime Minister and the Union Water Resources Minister, the Chief Minister had referred to the observations of the Supreme Court in the case filed by the State against Andhra Pradesh contending that Telugu Ganga, Srisailam left and right bank canal schemes, Pulichintala and Bheema lift irrigation projects were unauthorised and were not entitled to use surplus waters under the ``liberty'' clause.

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