SC refuses stay against Karnataka project in Mandovi basin

New Delhi, Sep 28 (UNI) The Supreme Court today refused to restrain state of Karnataka from going ahead with its projects in Mandovi river basin involving transbasin diversion of waters.

A bench comprising Justices B N Agrawal, P P Naolekar and Lokeshwar Singh Panta , however issued notices to the state of Karnataka, Maharashtra and the Union government on the suit filed by Goa government seeking directions from the apex court to set up a water tribunal to settle the dispute between three riparian states of Goa, Maharashtra and Karnataka for sharing the water of river Mandovi also known as Mahadayi or Madei flowing through three states.

The notices are returnable by Oct. 19,2006.

State of Goa in its plaint has alleged that the project contemplated by state of Karnataka if not stopped would seriously affect their right to life and livelihood and sustenance of the fragile environment, economy and trouble free functioning of the Goa harbour. The Plaintiff state has the benefit of only river Mandovi while state of Karnataka has the benefit of many major rivers such as Krishna, Cauvery and Godavari .

Counsel for Goa also contended that abstraction of water by the upstream state of Karnataka would deprive the inhabitants of the plaintiff state of drinking water and consequently affect the right of its inhabitants to life under Article 21 of the Constitution of India. The project undertaken by Karnataka is aimed at transfer of water outside the basin which is clearly contrary to the national water policy as it would result in the flow of the river being curtailed, hampered or stopped.

The state of Goa has been requesting the Central government to constitute a Mandovi River Water Disputes Tribunal under the Interstate River Water Disputes Act, 1956 and to refer the complaint dated July 9, 2002 to the said Tribunal for its adjudication and decision.

When Goa made several representations to the Union government including the Prime Minister, the Ministry of Water Resources put in abeyance the 'in principle clearance ' given to the disputed project. Goa has expressed the apprehension that the Union government may withdraw the order of withholding in abeyance. The matter will now come up for hearing on Oct. 19,2006.

UNI AKS/SC RP RK1915