LAW FOR ALL

Two riparian states – Andhra Pradesh and Maharashtra – of the inter-state Godavari river are principal parties in the suit filed under Article 131 of the Constitution of India read with Order XXIII Rules 1,2 and 3 of the Supreme Court Rules, 1966. The suit has been filed by Andhra Pradesh (Plaintiff) complaining violations by Maharashtra (1st Defendant) of the 1Page 2 agreements dated 06.10.1975 and 19.12.1975 which were endorsed in the report dated 27.11.1979 containing decision and final order (hereafter to be referred as “award”) and further report dated 07.07.1980 (hereafter to be referred as “further award) given by the Godavari Water Disputes Tribunal (for short, ‘Tribunal’). = The discharge data actually has been observed by the CWC at Yelli gauging site for the period 1968 to 2004, October 29 to May 31 which does indicate that on 75 per cent dependable flow, the total yield for this period is 2.733 TMC (77.39 MM3 ). We find no justifiable reason to discard the discharge data observed by CWC for 36 years. - “storage of Babhali barrage is well within the banks. The sill level and FRL of Babhali barrage are 327 m and 338 m respectively and 13 gates of 15 m x 11 m size are proposed to be installed. The Gross storage of Sri Ram Sagar Project and that of Babhali barrage are 112 TMC and 2.74 TMC respectively and there is a common storage of 0.60 TMC which is just 0.54% of the storage of SRSP. Command area of Babhali barrage is 7995 ha.” - The only difficulty is in respect of nonmonsoon season which contributes about 10 per cent of the flows that too is not well defined and well spread. If this difficulty is taken care of, virtually there is no injury to Andhra Pradesh much less substantial injury in as much as the inhabitants of seven districts (Adilabad, Nizamabad, Karimnagar, Warrangal, Nalgonda, Khammam and Medak) shall not be deprived of water for drinking purpose and irrigation which is the main concern of Andhra Pradesh. - (i) Under the agreement dated 06.10.1975 and the 1979 award of the Tribunal the utilization of 60 TMC water by Maharashtra for the new projects below Paithan dam site on the Godavari and below Siddheswar dam site on the Purna and below Nizamsagar dam site on the Manjra and up to Pochampad dam site on the Godavari is not confined to flowing waters alone in the territory of Maharashtra. (ii) The thrust of the parties in Clause II(i) of the agreement dated 06.10.1975 and the essence of this Clause is to put a cap on the right of Maharashtra to utilize water of Godavari river below the three dams mentioned therein up to Pochampad dam site to the extent of 60 TMC for new projects and in no case exceeding that limit. There is no demarcation made in the agreement that the utilization of waters not exceeding 60 TMC for new projects by Maharashtra shall be from the flowing water through the river from the catchment area only. 58Page 59 (iii) The commitment of Maharashtra that the Babhali barrage project requires 2.74 TMC of water out of the allocation of 60 TMC for new projects under the agreement of which only 0.6 TMC is from the common submergence of Pochampad reservoir and Babhali barrage if accepted and its compliance is ensured, it may be conveniently held that Babhali barrage would not enable Maharashtra to draw and utilize 65 TMC of water from the storage of Pochampad project as alleged by Andhra Pradesh. (iv) Alternatively, even if the interpretation placed upon the agreement dated 06.10.1975 by Andhra Pradesh is accepted that utilization of waters to the extent of 60 TMC for new projects by Maharashtra from below the three dam sites mentioned in Clause II(i) up to Pochampad dam site can be only from water flowing through the river from the catchment area and not from the pondage/water spread area of Pochampad dam, on the basis of facts which have come on record, a case of substantial injury of a serious magnitude and high equity that moves the conscience of the Court has not been made out by Andhra Pradesh justifying grant of injunction .- In light of the above, we hold that Andhra Pradesh is not entitled to the reliefs, as prayed for, in the suit. - The powers and functions of the supervisory committee shall be as follows: (i) The committee shall surprise the operation of the Babhali barrage. (ii) The committee shall ensure that; (a) Maharashtra maintains Babhali barrage storage capacity of 2.74 TMC of water out of the allocation of 60 TMC given to Maharashtra for new projects under the agreement dated 06.10.1975. (b) The gates of Babhali barrage remain lifted during the monsoon season, i.e, July 1 to October 28 and there is no obstruction to the natural flow of Godavari river during monsoon season below the three dams mentioned in Clause II(i) of the agreement dated 06.10.1975 towards Pochampad dam. (c) During the non-monsoon season i.e., from October 29 till the end of June next year, the quantity of water which Maharashtra utilizes for Babhali barrage does not exceed 2.74 TMC of which only 0.6 TMC forms the common submergence of Pochampad reservoir and Babhali barrage. (d) Maharashtra does not periodically utilize 2.74 TMC from time to time. (e) Maharashtra releases 0.6 TMC of water to Andhra Pradesh on 1st March every year. (f) Maharashtra maintains the capacity of Balegaon barrage to 1.5 TMC. Out of this 0.9 TMC is adjusted from sanctioned utilization of Vishnupuri project upstream and 0.6 TMC remains the intercepted storage of Babhali barrage. 84. Suit and IA Nos. 13 and 15 are disposed of as above with no orders as to costs.