Karnataka claims no prejudice to Goa if Mhadei water is diverted

Team Herald

PANJIM: Karnataka on Monday claimed before the Mhadei Water Dispute Tribunal that no prejudice would be caused to Goa if it diverts water from the Mhadei river basin to the Malaprabha basin and therefore Goa’s case should be dismissed

Final arguments before the Tribunal continued on Monday with Maharashtra continuing its argument on the jurisdiction of the tribunal. Maharashtra had earlier declined to stand with Karnataka’s submission in the case. Senior counsel Ashok Desai appearing for Karnataka later submitted on jurisdiction and the ambit and scope of the Tribunal.

He attempted to canvass a case that unless a party state puts forth and shows prejudice being caused to it on account of diversion by another riparian state, in the absence of prejudice there cannot be any dispute within the meaning of section 3 of the Interstate Water Disputes Act.

“No prejudice would be caused to State of Goa if it diverts water from Mhadei river basin to Malaprabha and therefore the case of Goa should be dismissed,” he said.

Later, senior counsel for Goa Atmaram Nadkarni commenced his arguments in rejoinder, wherein he submitted that the role of the tribunal is not limited to investigating into a dispute, and or allocation of share of water but has far reaching powers to adjudicate upon every issue and claim of the party states referred to it.

“Article 262 of the Constitution of India shows that every court including the SC is barred from adjudicating any interstate water dispute and such adjudication can be done only by an interstate water dispute tribunal constituted in terms of the Interstate Water Dispute Act,” he said. The arguments will continue on Tuesday.