Letter issued by MOEF&CC to Karnataka has shocked Goa: Delegation

The all-party delegation, led by Chief Minister Pramod Sawant and Union Minister Shripad Naik, met the Union Minister for Environment and Forest and Climate Change Prakash Javdekar and submitted a memorandum raising dissent over the diversion of water by Karnataka and the letter of consent. 

The memorandum submitted by the Chief Minister Dr Pramod Sawant to Union Minister Prakash Javdekar says that the Mhadei River is a lifeline to the State and the people of Goa as the basin constitutes 42% of the total geographical area or the landmass of the State of Goa.  

“We are constrained to approach you jointly on behalf of the people of Goa to save our mother Mhadei. There has been at attempt to destroy environment, ecology, life and the culture of Goa by diverting waters from the Mhadei River.  It is a matter of survival of our mother Mhadei and the people of Goa. In this state of affairs, we have approached you with great anguish coupled with hope,” the memorandum reads. 

The Chief Minister further stated that the letter/ clarification dated 17/10/2019 issued by the Ministry of Environment, Forests & Climate Change (MoEF&CC) to the State of Karnataka, has shocked and surprised the people of Goa.  

“We must point out that the State of Karnataka has misrepresented and misled the MoEF&CC to obtain such a clarification/letter,” he says.  

In support of Goa’s contentions, the State has placed before the Union Environment minister the following facts:-

. First and foremost, the entire letter-cum-request of the State of Karnataka appears to be based on the Award of the Mhadei Water Disputes Tribunal (MWDT)  dated 14/08/2018 and it is misrepresented before the MoEF&CC that the said Award has become final or that, it has become enforceable in law.  Factually, the said representation is completely false, if one reads Clause XVI, Paragraph 1419 of the Award of the Tribunal, which reads as under:-

“This Award/Final Decision of the Tribunal shall come into operation on the date of publication in the Official Gazette as required by Section 6 of the Inter-State Water Dispute Act, 1956.”

. Undisputedly and undeniably, the said Award is not published in the Official Gazette by the Government of India for obvious reasons, namely the clarification application under Section 5(3) of the Inter-State River Water Dispute Act, 1956 (said Act) filed by the State of Goa, State of Karnataka, State of Maharashtra and the Government of India, are pending before the Hon’ble Tribunal. Secondly, the said Award itself has been challenged by the State of Goa, State of Karnataka and the State of Maharashtra before the Supreme Court of India.  In SLP(C) No. 19312/2019 filed by the State of Goa, the Hon’ble Supreme Court has issued notice to the State of Karnataka and others and the said matter is pending before the Hon’ble Supreme Court.  For all these reasons, the said Award is not notified in the Official Gazette by the Government of India.

. In terms of Section 6 of the said Act, the said Award can be implemented or executed only upon the same being published in the Official Gazette of India.

. For all the reasons, firstly, it was highly objectionable and inappropriate for the State of Karnataka to surreptitiously and clandestinely file any Application before the MoEF&CC without informing the affected parties. Secondly the letter dated 17/10/2019 issued by the MoEF&CC is based on the misrepresentation of the State of Karnataka to the effect that, in terms of the Award of the Tribunal, they were entitled to carry out the construction/project to divert the water from Mhadei Basin at Kalsa-Banduri project was also improper and contrary to law.

. For the above reasons, it is imperative that the letter dated 17/10/2019 issued by the MoEF&CC be forthwith withdrawn.

. The State of Karnataka has further indulged into misrepresentation, inasmuch as, it is not disclosed by them to the MoEF&CC that, the proposed Kalsa Dam near Kankumbi Village falls within “less than Five Hundred Metres from Mhadei Wildlife Sanctuary” and the same is notified as an Eco Sensitive Zone by the MoEF&CC itself vide Notification dated 25/2/2015.  A copy of the said Notification dated 25/2/2015 issued by the MoEF&CC declaring the Eco Sensitive Zone around the Mhadei Wildlife Sanctuary is enclosed herewith.  It is pertinent to mention that the  State of Karnataka in their request/application have not disclosed that, the place at which the said Dam is being constructed falls within the Eco Sensitive Zone notified vide Notification dated 25/2/2015 issued by the MoEF&CC.  Although, it is mentioned by the Karnataka that the said proposed Dam is close to the Mhadei Wildlife Sanctuary; but it has purposely not disclosed to the MoEF&CC that the said construction site is covered by a Notification issued by the MoEF&CC itself dated 25/2/2015, under which no construction of whatsoever nature is permitted in the said Eco Sensitive Zone (Buffer Zone).

. This is yet another aspect of misrepresentation by the State of Karnataka.  In view of the gravity of the matter, we again reiterate that the said letter/clarification be forthwith withdrawn.

. It is pertinent to mention that the letter of the MoEF&CC dated 17/10/2019 is in breach of an Undertaking given by the MoEF&CC before the Hon’ble Supreme Court in I.A. No. 2526/2009 in I.A. No. 1804/2007 in Writ Petition (Civil) No. 202/1995 in the matter of “T. N. Godavarman V/s Union of India and others”.  A copy of the said Affidavit dated 12/8/2017 is enclosed herewith.

In the said Affidavit, the MoEF in Paragraph 8 has stated “…………………….  The environmental clearance may be obtained before the Project is considered for approval, since the area to be diverted contains moist to semi evergreen vegetation and serves as a catchment area for Mhadei River system.”  

. The Hon’ble Supreme Court disposed of the said I.A. on the basis of the statement of the Karnataka State to the effect that, no construction is going on in the area in question, i.e. Kalsa-Banduri project and that, no construction will be carried out.  Copies of the Orders dated 3/8/2017 and 17/8/2017 are enclosed herewith.

. In view of above, the letter dated 17/10/2019 issued by the MoEF&CC is in breach and in contravention of the solemn Affidavit filed before the Hon’ble Supreme Court of India by MoEF&CC.  It is, therefore, imperative that the said letter dated 17/10/2019 be forthwith withdrawn.

. The Kalsa nullah which the Karnataka has proposed for diversion is a major tributary of Mhadei River and it passes through the Mhadei Wildlife Sanctuary. Any attempt to disrupt the water flow would adversely affect the flora and fauna in the said Wildlife Sanctuary. 

. The Mhadei River initially flows for nearly 14 Kms through the Bhimgad Wildlife Sanctuary in Karnataka State and then flows for nearly 11 Kms through the Mhadei Wildlife Sanctuary in Goa State. Any diversion of water from the said River would adversely affect the Flora & Fauna in both these Wildlife Sanctuaries. 

. The Banduri nullah is a major tributary of the Mhadei River and initially flows through the Bhimgad Wildlife Sanctuary in Karnataka and any diversion of this nullah  will adversely affect the flora and fauna in the said Bhimgad Wildlife Sanctuary.

. Any attempt to disrupt the water flow of Kasla and Banduri nullahs will also adversely affect the whole ecosystem of 3 other Wildlife Sanctuaries namely Bhagwan Mahavir Wildlife Sanctuary, Bhagwan Mahavir National Park and Bondla Wildlife Sanctuary and also Dr. Salim Ali Bird Sanctuary in the State of Goa. 

. Under Section 29 of The Wild Life (Protection) Act, 1972 the flow of water into or outside the sanctuary cannot be diverted, stopped or enhanced. The letter/clarification dated 17/10/2019 is, therefore, highly objectionable.

. Further, the State of Karnataka has misled the MoEF &CC by stating that the Kalsa-Banduri Dam is a drinking water project and hence does not find place in the schedule of EIA Notification-2006. Factually, the water from Kalsa-Banduri project is proposed to be diverted into Malaprabha project. The Malaprabha Project is undisputedly an Irrigation Project. The said diverted water could be used in the Malaprabha Project for irrigation purpose. Consequently, Environmental Clearance for the said project is mandatory under the EIA Notification, 2006. The letter/clarification dated 17/10/2019 issued by the MoEF&CC based on such incomplete/truncated information is therefore liable to be withdrawn.

. This representation of all party delegation is in continuation of the letter dated 25/10/2019 addressed by the Chief Minister of Goa.