SC to examine maintainability of Andhra plea on Krishna water row

In a special leave petition (SLP),AP alleged the Tribunal had acted in an arbitrary and illegal manner by making ‘excess’ allocation to the other two states in its December 2010 award,depriving the state of its legitimate share of 130 tmc,and urged the apex court to quash the decision.

However,today when the matter came up for hearing senior counsel Fali Nariman and A R Andhiarujina,appearing for Karnataka and Maharashtra,questioned the maintainability of the petition on the ground that AP’s review petition against the award was already pending with the Tribunal.

The two senior counsel pointed out that under Section 5(3) of the Inter-State Water Dispute Act,an aggrieved state can file a review petition against the award. It was pointed out that the award becomes final only after the review petition is disposed off.

Karnataka and Maharashtra took the stand that even before the review petition was disposed off,AP chose to file the SLP and it should,threfore,be dismissed.

Senior counsel K Parasaran and Harish Salve,appearing for AP,however,defended the move on the ground that even in the Cauvery dispute among the southern states,the aggrieved states had moved the Supreme Court as they felt the award was irrational and arbitary.

The apex court,after hearing the arguments breifly,adjourned the matter to July.

Andhra Pradesh contends it would lose rights over more than 130 tmc ft of surplus water because of the Tribunal’s award,though it has got an additional 190 tmc ft of water as firm allocation in the award made on December 30,2010.

Being a lower riparian state,the state earlier had the right over 320 tmc ft of surplus water,which the Tribunal headed by Justices Brijesh Kumar reduced to 190 tmc ft,while Karnataka and Maharashtra have been given 177 tmc ft and 81 tmc ft surplus water,respectively.

The other major objection of the state in the SLP is the permission given to Karnataka for raising the height of Almatti dam to 524.5 metres from 519 metres.

The state submitted the Tribunal failed to adopt “proper and correct application of principle of equitable allocation of the inter-state river water between the upper and the lower riparian states and matters having national and state importance in relation to such river water.

“The jurisdiction of KWDT-II (Krishna Water Disputes Tribunal) extends only to adjudicate the matters covered by the complaints of the three riparian states. KWDT-II acted without jurisdiction in going beyond the matters raised in the complaints,comments of parties,rejoinder to the reply and adjudicating the matters which did not arise out of any of the complaints.

“It has also acted without jurisdiction in deciding matters which were not open in view of proviso to section 4(I) of the Act of 1956,” the SLP stated.

According to the state,the Tribunal acted without jurisdiction and contrary to law in arriving at the quantum of water at various dependabilities for distribution of water.

“It is respectfully submitted that the findings recorded with respect to the yield of the water at various dependabilities is in violation of the principles of natural justice,contrary to the established judicial procedure and settled principles in determining the yield of the river and the length of series of years. Thus,the entire proceedings before KWDT-II are vitiated.

“KWDT-II acted on an impermissible method of considering 47 years for the purpose of determining the yield at various dependabilities. The decision of KWDT-II has resulted in an anomalous situation as it has taken into account the wettest period in the basin leading to boosting of the yield.

“Further,it ought not to have considered the inflated utilisation figures of Maharashtra and Karnataka for the years 2006-07 and 2007-08 for computing the yield series which was furnished after the completion of evidence,” the state said.

According to the state government,the Award puts Andhra Pradesh at the mercy of Karnataka,the upper riparian state.

It also feared that due to increase in level of Almatti dam,the kharif season irrigation of land under Nagarjuna Sagar project in Andhra Pradesh will be affected.

More than 13.5 lakh acres in six districts are irrigated by the Nagarjuna Sagar project.

It will also have adverse impact on the Srisailam Left Branch Canal and other projects like Veligonda,it is feared.

This reduction would affect irrigation projects like SLBC,Galeru-Nagari,Handri-Neeva,Kalwakurthy (lift),Nettempadu and Veligonda,state authorities feel.