PANJIM: The final round hearing in the Mhadei river diversion case will begin on Monday before the Mhadei Water Dispute Tribunal.
For Goa, the hearing is extremely crucial and significant as it involves the State’s lifeline and any diversion of water will turn River Mandovi dry leading to no potable water in the non-monsoon months.
After Karnataka counsel Fali Nariman’s arguments, the Tribunal has called upon Goa to justify its opposition to the 7 TMC as against the claim for 54 TMC.
The Tribunal has also posed questions pursuant to Nariman’s arguments that available yield is 108 TMC while Goa’s requirement is just 9.335 TMC. Nariman had argued that Goa’s total requirements are 64 TMC therefore Karnataka be allowed to draw 7 TMC now.
Earlier, blaming Karnataka for mismanagement of its water resources, Goa had said that the State has committed massive environment destruction by construction of the Mhadei dam.
“Karnataka has carried out massive violation of all possible laws including Environment Protection Act, Wildlife Protection Act, Biodiversity Act, Constitutional Principles dealing with any projects on interstate river wherein Supreme Court has held that this cannot be done unless the Planning Commission and the Central Government approves of the same including the Ministry of Environment and Forest and Climate Change,” Additional Solicitor General Atmaram Nadkarni said in his submission before the Mhadei tribunal.
Further, he said, “Despite all these laws in place, Karnataka in rank defiance of all these laws has gone ahead and made massive construction in the Western Ghats completely destroying the ecological balance.”
“The IA filed by the State of Karnataka is not maintainable under Section 5(2) of the Inter State River Disputes Act,” Goa’s submission states. It says that relief as prayed for by Karnataka can never be granted.
“In the IA grounds for claiming the interim relief are alleged drought and reduced rainfall. Whereas, in the present written submissions filed yesterday, which are unsigned, containing factual averments without any statements on oath, virtually change the case to that of reduction of normal inflow in Malaprabha reservoir,” Nadkarni stated in submission adding the prayer now made also has nothing to do with the rainfall.
He contended that the IA does not make out any prima facie case nor irreparable loss or balance of convenience.
