PANJIM: Goa government on Monday filed a disobedience application against Karnataka before the Mhadei Water Dispute Tribunal (MWDT) for injunction by way of diverting the water of the Mhadei River to the Malaprabha basin. The State has pleaded that an order be passed detaining the property of Karnataka at the Kalsa Bandura dam.
Additional Solicitor General of India Atmaram Nadkarni said Goa has filed the application under Order 39 Rule 2A of the Code of Civil Procedure, 1908, read with Section 5 (3) of the Interstate River Water Disputes Act, 1956 seeking action for disobedience against Karnataka for breach and disobedience of the order of injunction dated April 17, 2014 passed by the Tribunal.
He said that in the application, Goa has sought for purging and enforcement of the order of injunction of April 2014 and the order of injunction contained in the award passed by the Tribunal.
Nadkarni said that Karnataka had earlier in January built earthen bunds to block the flow of the Mhadei water into Goa and Goa had filed a contempt application before the tribunal, however, Karnataka filed an affidavit stating it would not divert the waters and hence Goa withdrew the contempt application with liberty to file such an application as and when such necessity arises.
However, again in July it was noticed that on account of the gradient slope that Karnataka built, the Mhadei water was flowing to the Malaprabha basin.
Nadkarni pointed out that in the award dated August 14, 2018 the tribunal observed that its earlier injunction order would continue to operate until Karnataka prepares its DPRs and obtains all necessary permissions for its diversion project.
“However this is not done by Karnataka and thus Goa has filed the application before the tribunal, seeking action against Karnataka for disobedience of the injunction order dated April 17, 2014 and further sought that until such time that Karnataka obeys the same, Goa has sought that the tribunal passes such orders in the nature of attachment of the property Karnataka, more particularly in the Kalsa Bhandura project area and arrest and detention in civil prison of the officials responsible for the disobedience of the injunction order,” he stated.
