SC notice to Goa on plea challenging Mahadayi award

The Supreme Court on Monday issued a notice to the Goa government on a plea by Karnataka government, challenging the validity of the Mahadayi Water Dispute Tribunal’s decision, that limited the allocation of water to 5.40 tmcft to the state and allowed surplus water to flow into the sea.

A bench of Justices D Y Chandrachud and Hemant Gupta also admitted a separate petition filed by the Maharashtra government against the tribunal’s decision of August 14, for consideration.

The Karnataka government was represented by Advocate General Udaya Holla.

The apex court sought a response from Goa government within six weeks on both the petitions filed by Karnataka and Maharashtra.

In its special leave petition, the Karnataka government claimed the tribunal’s decision granting 1.33 tmcft to Maharashtra and 33.395 tmcft to Goa, thereby resulting in the surplus of 147.935 tmcft of water going into the sea unallocated to any riparian state resulted in grave miscarriage of justice to the state and all other party-states.

The state government also claimed the tribunal’s order was contrary to the decision of the Supreme Court in Cauvery water dispute which mandated determination of equitable shares among riparian states in a river water
dispute.

The Karnataka government contended the tribunal reduced its water claims from 24.15 to 5.40 tmcft. Similarly, the tribunal reduced the claim of Karnataka for non-consumptive utilisation of 14.571 tmcft for power generation to 8.02 tmcft. The tribunal also rejected the proposed diversion of 7.00 tmcft out of surplus water.

“The Karnataka had claimed 7.56 tmcft of water under Kalasa-Bandura project for the supply of drinking water to Hubballi-Dharwad twin cities, Kundgol town, en route villages, etc,” it
said.

Though Goa, having realised the need for drinking water, withdrew its complaint by a letter on January 10, 2007, the tribunal has erroneously allocated only 3.90 tmcft as against the claim of 7.56 tmcft for the project, it
said.