Date:02/05/2008 URL: http://www.thehindu.com/2008/05/02/stories/2008050251731100.htm

National

Kalasa-Banduri: SC restrains State from using water for drinking

J. Venkatesan

Use of water by Karnataka will affect rights of Goa residents, says Goa counsel
‘The issue should be looked into by a tribunal’

New Delhi: The Supreme Court has restrained Karnataka from utilising water for drinking purposes from the Kalasa-Banduri project across the Mandovi.

A three-Judge Bench comprising Chief Justice K.G. Balakrishnan, Justice R.V. Raveendran and Justice J.M. Panchal passed the interim order on Wednesday, on a suit filed by the State of Goa challenging construction of the project by Karnataka.

Senior counsel Rajeev Dhavan and counsel A. Subhashini, appearing for Goa, submitted that all efforts made by the Centre for a negotiated settlement had failed, and the issue had to be gone into only by a tribunal. Karnataka should be restrained from utilising water from the project till the tribunal (to be constituted) passed its order, they said.

They argued that the project contemplated by Karnataka in the inter-State river of Mandovi involved diversion of water outside the basin, and it was not permissible. Any abstraction of water by the upstream State of Karnataka would deprive the inhabitants of Goa of drinking water and consequently affect their rights, they said.

Appearing for Karnataka, senior counsel Fali Nariman said that the proposed diversion of water was only 7.56 tmcft annually, out of the availability of 180 to 220 tmcft as estimated by the Central Water Commission. The proposed diversion was mainly for drinking water requirements and it was permissible, he said.

At this juncture, counsel for Goa pointed out that Karnataka, in its reply, had stated, “the Government had no intention to utilise the water actually without obtaining the clearances under the provisions of Environment Protection Act, 1986. Without obtaining such clearances, Karnataka had no intention to actually utilise or divert water under the project.” In view of this stand, Karnataka should be restrained from utilising water from the project, they said.

Written submissions

The Bench, in its brief order, directed the Centre and Karnataka to file written submissions in four weeks and rejoinders in four weeks thereafter.

It restrained Karnataka from utilising water from the project in terms of its submissions in the counter affidavit, and directed the matter to be listed for hearing on July 18 for framing of issues.