Team Herald
PANJIM: After initially extending its indirect backing to Karnataka in the inter-State water diversion matter, the Maharashtra government on Sunday told the Mhadei Water Dispute Tribunal that it cannot go by the stand taken by the State of Karnataka and that the tribunal has complete jurisdiction to decide on water sharing between the three States.
Considering the urgency of the matter, tribunal had scheduled final hearing even on Sunday.
Senior counsel Nargolkar, appearing on behalf of Maharashtra, submitted that both Karnataka as well as Maharashtra have to make out their water needs and only then the water can be allocated to them.
At the outset, Nargolkar submitted that he could not go by the stand taken by Karnataka the tribunal gets jurisdiction only if prejudice is proved. Contrary to the stand of Karnataka, he submitted, the tribunal has complete jurisdiction in the matter and that all issues raised by the parties had to be decided by the Tribunal.
Further, he submitted that the jurisdiction of the tribunal is not circumscribed by the complaint letter and that the tribunal has to decide the issue to do justice between the parties by taking into consideration all material and the evidence lead by the parties.
Earlier in the day, Senior Counsel Atmaram Nadkarni, appearing for the
State of Goa made submissions to the specific questions posed by the Tribunal on certain aspects.
Nadkarni demonstrated before the Tribunal as to how the area of 509 sq kms cannot be included for the purpose of computation of yield. He informed the tribunal that 509 sq kms is an area which is low line saline and cannot be used for consumptive utilization.
The construction of rain water harvesting measures and construction of ponds etc would account for a very minuscule amount of water which cannot be put to common pool for allocation, he added.
Thereafter, Nadkarni relied upon various judgments of the Supreme Court which have clearly held that sustainable development is the mantra and the party that wants to do the development has to satisfy the court that the development will be benign and will not cause any harm to the environment. He further demonstrated to the tribunal that the State of Karnataka has failed to prove this aspect or even led any remote evidence to this aspect.
The final hearing will continue on Monday.
