SHWETA KAMAT
Shweta@herald-goa.com
PANJIM: The Karnataka government has failed to contend Goa’s charge of violation under Section 29 of the Wild Life Protection Act, 1972 while arguing that there is no restriction on them in using its share of water from the Mhadei River as allotted by the Mhadei Water Dispute Tribunal (MWDT) in its award in 2018.
Managing Director of Karnataka Neeravari Nigam Ltd, Bengaluru in a reply to the show cause notice issued by the Goa Chief Wild Life Warden has said that there is no restriction on the Karnataka State government using its share of water within its jurisdiction. Karnataka has also argued that Goa Chief Wild Life Warden has no authority to issue them a notice.
Speaking to Herald Advocate General Devidas Pangam confirmed that Karnataka has filed a “vague” reply to the show cause notice issued to it by Goa Chief Wild Life Warden, last month.
“Their reply does not speak anything about violation of Section 29 of the Wild Life Protection Act. They simply say that there is a Tribunal Award and we are allowed to use our (Karnataka) share of water,” Adv Pangam said. “They have not answered anything under Section 29. The reply is very vague,” he added.
Adv Pangam said that the Chief Wild Life Warden will pass an appropriate order under the Act. “There is no time frame as such to pass the order. It is up to him now how much time he takes,” he said.
Pangam said that as per Section 29 of the Act, water in the wildlife sanctuary cannot be diverted. He said that Goa will also oppose Forest Clearance, Wildlife Clearance, and all other permissions that Karnataka requires to start the Mhadei diversion project.
Referring to the hearing held in the Supreme Court on Monday, Adv Pangam said Karnataka has categorically told the Court that they do not have any permission to go ahead with the project so far. “Whatever work Karnataka has done was undertaken prior to Tribunal Award in 2018,” he asserted adding “Court has granted us the liberty to approach them if Karnataka undertakes any work without permissions”.
Goa Chief Wildlife Warden had on January 9, 2023, issued a show cause notice under the Act direction Karnataka to stop any activity of diverting/stopping/ reducing the flow of the Kalasa Rivulet and Bandura Rivulet including the construction of any proposed dam, bandhara, canal or any other structure, project, which can be used for diversion of the flow of water from the Mhadei Wildlife Sanctuary.
