‘With elections in Karnataka approaching, Centre wants to appease the state’

HERALD: What is  your immediate reaction to Central government’s decision of  withdrawing permission to Atmaram Nadkarni to appear on behalf of Goa before Mhadei water dispute tribunal. 

Kerkar: It is very shocking and a major setback to the State government, especially at this juncture when the case is in an advanced stage and Nadkarni having being studied the issue very thoroughly, had made a strong case before Tribunal on behalf of Goa. The Central Government, should have denied Nadkarni permission on the ‘clash of interest’ reason in July, last year itself when he was appointed as Additional solicitor General and Goa government had requested for permission for his appearance. This high-ended decision is very much political. 

HERALD: You mean to say that the decision has been taken due to political influence from Karnataka?

Kerkar: Yes very much. The assembly elections are due for Karnataka State and BJP wants to gain power there. Hence, the Central Government under Narendra Modi leadership is making all efforts to please people of Karnataka by extending indirect support on the Mhadei water diversion issue. The Prime Minister failure to respond to State’s request seeking intervention in Nadkarni case as well as dissolution of Mhadei tribunal makes the picture very clear that Centre is in no mood to help Goa. Centre is playing political game ahead of assembly elections in Karnataka. 

HERALD: Centre proposal for setting up Inter-State River Dispute Tribunal for entire country, is part of political agenda? 

Kerkar: Let me take you back to 2016, wherein in the very first month of the year, Centre had sought views from all affected States on the issue. Goa Government was the first to seek relaxation and demand that Mhadei tribunal be excluded from the same. One year down the line, the Centre has failed to respond to State’s request and now, from the Centre government moves, it looks Mhadei tribunal will be dissolved and merged with Inter-State River Dispute Tribunal. This means, the case will start all over again. 

HERALD: What are the implications of these two decisions on Goa? 

Kerkar:  The implications are going to be very serious. If dissolution of Mhadei tribunal takes place that means the case will start all over again and with new legal counsel to defend the State case- who will have study the entire issue in depth- Goa may face difficulty to make a strong case. Centre’s ‘sudden’ change of behavior towards Goa is clear indications that efforts are on to make Karnataka the winner in the water diversion. 

Without wasting any more time, Goa should start looking for a very senior counsel who is expert in such a field. The Tribunal term is also coming to end in August. If Karnataka manages to get tribunal consent to divert 7 TMC of water from river Mhadei for its Kalsa-bandhura project (currently which is been denied by Mhadei Tribunal), then it will win its main petition of diverting 56 tmc of water for construction of 12 dams. This will lead to major environmental and ecological destruction and moreover, several villages will face acute water shortage. 

HERALD: Under such situation, how Goa can make a strong case? What can be its base? 

Kerkar:  Goa can make a strong case on the ecological front. The Mhadei wildlife sanctuary is within 231 metres of the proposed Kalsa-bandhura dam project by Karnataka. The sanctuary is habitat for many wildlife animals and even endemic species. Keeping Mhadei sanctuary as base, a strong case can be put up, contending that the projects will lead to destruction of ecology, will leave many waterfalls and springs dry and will also effects on the western ghat hot spot.

Also, as per latest MoEF draft notification; the entire western ghat region is eco-sensitive zone, as per which such dam projects are banned. This will further strengthen our case. Also, one important point to note is that the Karnataka government has violated Supreme Court directives. In 2002 the Apex Court had come out with a verdict that for any projects like dams to be constructed within 10 kms of the buffer zone, the clearance from MoEF is must. The same is been violated by Karnataka, and it is an important contention.