A day after SETBACK, Centre gives minor relief to Goa

Team Herald 

PANJIM: In what could be termed as a minor relief to the state of Goa, the Ministry of Jal Shakti has extended the tenure of the Mhadei Water dispute tribunal (MWDT) till August 19, 2020.

A notification issued by T. Rajeswari, additional secretary, Ministry of Jal Shakti, says the Tribunal has requested the Central Government to extend the period of submission of further report under Sub-section (3) of Section 5 of the Act.

“In pursuance of the powers conferred by the proviso to sub-section (3) of Section 5 of the said Act, the Central Government hereby extends the period of submission of further report by the said Tribunal upto the 19th day of August, 2020,” the notification reads.

The Mhadei Water Disputes Tribunal was constituted on the 16th November, 2010 vide notification number S.O.2786 (E), dated the 16th November, 2010 under section 4 of the Inter-State River Water Disputes Act, 1956 (33 of 1956) for the adjudication of the water disputes regarding Inter-State river Mhadei and river valley.

Tribunal was required to submit its report and decision under Sub-section (2) of Section 5 of the said Act within a period of three years, i.e. on or before the 15th November, 2013.

After extensions due to procedural delays the Tribunal submitted its report and decision under sub-section (2) of section 5 of the said Act on the 14th August, 2018.

Not satisfied with the award, the three States of Goa Karnataka and Maharashtra had made further reference to the tribunal.

Goa had filed an application under Order 39 Rule 2A of the Code of Civil Procedure, 1908 (5 of 1908) read with sub-section (3) of Section 5 of the said Act on the 20th August, 2018 and had made further reference to the said Tribunal under the proviso to sub-section (3) of section 5 of the said Act on the 20th September, 2018.

Karnataka had made further reference on the 13th November, 2018 and the State of Maharashtra had made further reference to the said Tribunal on the 14th August, 2018.

Following the references, the Central Government made further reference to the said Tribunal on the 14th January, 2019 and the said Tribunal had to submit its further report within a period of one year with effect from the 20th August, 2018, the notification reads.

On Thursday, the Supreme Court allowed the Centre to notify the Tribunal Award but the State now feels it cannot be done till the references are clarified.

Speaking to Herald, Advocate General Devdas Pangam said that award can be notified only after clarifications are disposed of.

“As per the Section 6 of the Water Tribunal Act, the final award can be notified only after the references are clarified upon and in this case there are three pending,” he said.

However, he said, he had had not received the notification of extension of MWDT tenure yet so he could not comment much.