PANJIM: Goa government is set to file a disobedience application for violation of injunction by Karnataka before the Mhadei Water Dispute Tribunal (MWDT) for diverting the water of Mhadei River by constructing conduits to the Malaprabha basin.
The government has already filed a contempt petition in the Supreme Court against Karnataka for diverting water, which is in violation of directives of the Apex Court and the Water Dispute Tribunal.
Speaking to Herald, Additional Solicitor General Atmaram Nadkarni said the government will be filing a disobedience application under order 39 Rule 2A of Civil Procedure Code (CPC) before the tribunal in the next two days.
“We are filing the disobedience application because the day the award was delivered by the tribunal, Karnataka had diverted water. Karnataka has been involved in (violating the) injunction every time. Despite tribunal directions not to divert water, they have been (violating the same),” Nadkarni said.
An application under Order 39, Rule 2A of the Code is maintainable only when there is disobedience of any ‘injunction’ granted or other order made under Rule 1 or Rule 2 of Order 39 or breach of any of the terms on which the injunction was granted or the order was made.
Last month, it was noted the water from part of the catchment of the nullah gets diverted through the conduit, constructed by Karnataka. The rear end of the conduit was checked and it was observed that water was flowing through two of the three conduits showing that water from the part of Kalsa basin is being diverted to the Malaprabha basin.
Karnataka, in its submission before Supreme Court in August 2017, had promised that it would not undertake any construction work of the Kalsa-Bhandura project in Kankumbi. The submission was made in a petition filed by Mhadei Bachao Abhiyan (MBA).
MWDT in two separate orders in October 2012 and April 2014, had ordered Karnataka not to divert any waters from Kalsa Bandura to Malaprabha till the award was declared.
Nadkarni also said that the government should challenge Karnataka’s proposed Mhadei hydroelectric project, on environmental grounds. “The project is not permitted in the ecologically sensitive area of Western Ghat as per Kasturirangan committee report. The project will disturb the ecology,” he said.
Speaking about the award passed by Tribunal on August 14, Nadkarni sought to clarify that Karnataka has been allocated only 3.9 TMC of water as against their demand of 36tmc and secondly, 34 percent of the Mhadei river, flows in Karnataka.
He said that the 3.9tmc is the total allocation for drinking pupose and 1.7tmc of water is basin use for which Goa had never objected. “Irrigation and hydro power project diversion is rejected by tribunal,” Nadkarni stated.
Nadkarni said that Karnataka will not let Goa sleep on the issue and hence has also urged the activist to be aware and alive of the ground situation.
