Though Mhadei river originates in Degao near Khanapur in Karnataka, it flows down in Goa with the highest catchment area of 42.60 per cent in Goa, which also has the largest geographical area of 78 per as against 198 per cent in Karnataka and 4 per cent in Maharashtra.
In September 2006, Karnataka government by claiming drinking water shortage for twin cities of Dharwad and Hubballi, unilaterally went ahead and started excavating canals at Kankumbi for its Kalasa-Bhandura Nala project in a bid to divert Mhadei water in the Malaprabha River basin much to chagrin of the Goa government, who raised strong objections to the proposals of diverting tributaries of Mhadei as it would spell complete disaster for aquatic life, marine life and terrestrial ecology and deprive the people of Goa of the water for drinking, irrigation and industrial purpose.
The Karnataka’s projects are located about 200 metres away from the Mhadei Wildlife Sanctuary and the environmentalists fear that it would disturb the wildlife. Also the Mhadei river flows about 14-km through the Bhimgad Wildlife Sanctuary in Karnataka and then flows 11-km though the Mhadei Wildlife Sanctuary in Goa and the environmentalists fear that diversion of water would adversely affect the flora and fauna in both the Wildlife Sanctuaries.
Mhadei Water Disputes Tribunal constituted
On November 16, 2010, the Government of India constituted a three-member Mhadei Water Disputes Tribunal (MWDT) under the chairmanship retired Justice J M Panchal to adjudicate the dispute over River Mhadei water allocation between the riparian States of Goa, Karnataka and Maharashtra.
Ending a protracted water dispute, the Tribunal by a verdict on August 14, 2018 ordered that Karnataka will get 13.4 thousand million cubic feet (TMC) of water from the river, while Goa and Maharashtra will be allowed to use 24 TMC and 1.33 TMC of water respectively.
Karnataka had demanded 36.71 TMC, while Goa and Maharashtra had demanded 122 TMC and 6.5 TMC of water respectively, from the Mhadei river.
In a 12-volume judgment, the Tribunal had said the equitable distribution of Mhadei waters among three States is “neither necessary nor feasible” at this stage.
However, in a partial relief to Karnataka, the Tribunal had allowed it to utilise 13.4 TMC of water, out of which the State was permitted to divert 2.18 TMC of Mhadei water at proposed Bhandura dam and 1.72 TMC of water at proposed Kalasa dam subject to certain conditions.
But not satisfied with the Tribunal’s verdict, all three States have filed appeals before the Supreme Court. Also the three States have sought clarifications from the Tribunal under Section 5(3) of the Inter-State River Water Disputes Act, 1956. In view of this, the said Award is not notified in the Official Gazette by the Government of India.
The dispute between the two neighbouring States, which is going on for the last several decades, erupted again after Karnataka Chief Minister Basavaraj Bommai on December 29 announced that the Central Water Commission (CWC) has approved State’s Detailed Project Report (DPR) to divert 1.72 TMC of water from the Kalasa dam and 2.18 TMC from the Bhandura dam.
Though it is seen as an election boost for Karnataka which goes to polls in May 2023, then Goa Chief Minister Manohar Parrikar on December 21, 2017 wrote a letter to then Karnataka BJP president B S Yeddyurappa, stating that the Goa government is willing to consider the request to work out an amicable solutions strictly restricted to drinking water only to the draught prone areas. The letter was written ahead of Assembly polls in Karnataka.
Mhadei Bachao Abhiyan spearheads the battle
It was former Minister Nirmala Sawant and environmentalists Rajendra Kerkar, Nandkumar Kamat and others who formed Mhadei Bachao Abhiyan (MBA), and took up the battle to protect Mhadei river. The engaged Supreme Court lawyer Bhavanishankar Gadnis and filed a writ petition before the Supreme Court of India
The Supreme Court Bench comprising Justice Madan B Lokur and Justice Deepak Gupta by an order dated August 17, 2017, accepted the statement of Karnataka’s counsel senior advocate Fali Nariman, that no construction is going in Kalasa-Bhandura project area and that no construction will be carried out in future. Following the undertaking, the Court disposed off the writ petition.
But the Karnataka government filed a review petition before the same Supreme Court Bench and it was dismissed. Again Karnataka filed an application praying for modification of the order and again the same Bench declined to alter its order. This is clear that the Karnataka government cannot go ahead with construction works in Kalasa-Bhandura area.
According to Adv Gadnis, the Central Empowered Committee (CEC) had found that there was blatant violation of environment by the Karnataka government as the Union Ministry of Environment, Forest and Climate Change (MoEF&CC) had not granted permission to cut the trees. The then Solicitor General Ranjit Kumar had also told the Supreme Court that it is a reality that Karnataka without obtaining permissions from authorities had gone ahead with the construction works, he said
The Mhadei Bachao Abhiyan is now in the process of filing an Interlocutory Application before the Supreme Court, to restrain Karnataka from going ahead with the construction work, according to Nirmala Sawant.
