Mahadayi Tribunal's interim order: Win-win situation for both Karnataka, Goa

Mahadayi water dispute Tribunal's interim order refuses to stop work on Kalasa banduri project as demanded by Goa

The Mahadayi Water Dispute Tribunal’s order on Thursday refusing to stop work on the Kalasa-Banduri Project as demanded by Goa has come as a relief to Karnataka. The tribunal headed by Justice J M Panchal, has directed Karnataka to plug the vents to prevent the automatic flow of flood waters from Mahadayi to Malaprabha.

Mohan Katarki, advocate for Karnataka told Business Standard from New Delhi on Friday that the tribunal’s interim order was an agreed order as Karnataka had agreed now to divert water from Kalasa and Banduri nallas till the matter was finally decided by the Supreme Court.

“It is a win-win situation for both. Goa did not want water from Kalasa and Banduri Nallas to flow into the Malaprabha River naturally during rainy season and Karnataka did not want the work on its non-forest area to be stopped. The tribunal’s order should satisfy both the parties for now,” advocate Mohan Katarki said.

In its interim order, the tribunal directed Karnataka to plug both vents of the cut and cover section of the reach within Mahadayi basin of the inter-connecting canal with a brick masonry embankment before May 31 to ensure water from Mahadayi basin is not automatically diverted to Malaprabha basin through the inter-connecting canal, partly constructed by Karnataka.

Rejecting the Goa government’s plea to demolish the Kalasa-Banduri canal, the tribunal directed Karnataka to fill up the excavation made along the ridge line (the line separating the Mahadayi and Malaprabha basins) for construction of the canal.

It said, the ridge line be restored as it had existed prior to construction of the inter-connecting canal before May 31, 2014.

The tribunal has also directed Karnataka to complete the work of building cross drainage for the existing roads/state highways to avoid the likely flooding before May 31, 2014.

Goa CM reacts Meanwhile in Panaji, Goa chief minister Manohar Parikkar welcoming the tribunal’s interim order said the dispute would be decided by the tribunal on its merit.  He said Karnataka was trying to create a de facto situation by digging the Kalasa-Banduri canal and the tribunal’s order had stopped its efforts.

A special team headed by former Supreme Court judge Justice J M Panchal had visited the basin areas in Goa, Karnataka and Maharashtra to study the needs and requirements of the states from December 12 to December 24, 2013.

A team of legal experts headed by Fali Nariman, Mohan Katarki, Jirali and others are pleading Karnataka’s case before the tribunal.

Karnataka started planning on Mahadayi waters in mid-1980s but no progress could be made due to objections by lower riparian state of Goa. Falling yield of Malaprabha reservoir from 44 tmc to 27 tmc started adversely affecting the drinking water supplies to Hubli-Dharwad putting pressure on the requirement of water for farmers in the command areas.

As a result in 2002, Karnataka proposed Kalasa Banduri project for diversion of 7.56 tmc from Kalasa nala and Banduri nala in Mahadayi basin to Malaprabha River for meeting drinking water requirement of Hubli-Dharwad. The Union ministry of water resources granted ‘in principle clearance to the proposal on April 30, 2002. But when Goa protested and lodged its complaint on July 9, 2002 the clearance was placed in ‘abeyance’ by the Union Ministry.

Goa then moved the SC and sought stoppage of inauguration of the construction work of the project. Karnataka gave an undertaking to the SC it would take up the work in non-forest area and diversion/utilisation of water would be subject to the outcome of suit pending before the Supreme Court (SC).

This undertaking was repeated several times. Based on this the SC allowed the work but said water shall not be used till further orders. As such the work on Bandura nala which is in forest area cannot be started. Karnataka has sought allocation of 7.565 tmc of water for Kalasa-Banduri Nala project, 5 tmc for Kali River diversion, 1.5 tmc for local consumption at Khanapur and 11 tmc for Mahadayi Hydro Electric project totaling 24.15 tmc of consumptive use. The tribunal was constituted as per the plea of State of Goa. It has framed 44 issues vide order dated August 21, 2013.