PANJIM: The Goa government’s claim that Counsel did not oppose notification of the Mhadei Tribunal Award on “his own accord” has fallen flat with Senior Counsel Adv Arvind Datar, who represented Goa before the Supreme Court in Mhadei River diversion matter, informing that it was on the “instructions of the State government” that he did not oppose notification of the Award.
State government in a submission before the State Legislative Assembly said that the Counsel did not oppose notification of the Tribunal Award on “his own accord”.
The Award of the Tribunal that allowed diversion of water to Malaprabha basin was notified in February 2020 by the Central government.
“It was not on my own accord but on full instruction of Government of Goa, who said that the award has to be notified and an appeal has to be filed in the Court,” said the Counsel, who is no more part of the State’s legal team on the matter.
“Why should senior counsel make a statement without government consent?” he questioned further.
Datar also questioned, if the statement was “my own accord”, then why did the Goa government not make an application to the Supreme Court stating that the consent was wrongly given and please take it as withdrawn.
“If I have made a statement which is damaging the State interest, immediately Chief Secretary or concerned department would have written to the Supreme Court that this consent was wrongly given and take it as withdrawn,” he pointed out.
“It’s been over a year (since award was notified) and nothing has that sought happened. Suddenly, the government is making such a statement. I am quite surprised as why are they (government) taking such a stand,” Datar said.
During the recently concluded Assembly Session, Minister for Water Resources Filipe Nery Rodrigues had even said that the Centre’s decision to notify the Mhadei Tribunal Award was “utter surprise”.
“The sudden developments regarding the notification of Award/Decision of the Tribunal were a utter surprise as it is felt that as no opportunity was given to Goa for filling objections on Karnataka’s application of July 2019 by not serving the same to our Standing Counsel, may be with malafide intention,” the minister had informed the House in a written reply.
He informed that State then filed a Special Leave Petition before the Supreme Court for an Interim Relief restraining the State of Karnataka and State of Maharashtra from taking any steps and/or from carrying out of any activity.
The minister informed that the matter was heard on March 2, 2020 and the bench stated that as per Clauses X of the Award dated August 8, 2018 the Order of the Tribunal dated 17/04/2014 is to continue in operation while certain conditions fulfilled.
