New Delhi: The Supreme Court on Saturday issued a notice in the special leave petition (SLP) filed by the State of Odisha against the final order passed by the Vansadhara Water Disputes Tribunal on Sept. 13, 2017. The tribunal in its order had allowed the Andhra Pradesh government to construct the Neradi Barrage on the river Vansadhara.
The Bench allowed the counsels to file additional documents. It directed the registry to list the SLP against Tribunal's order dated June 21, 2021. Both parties shall file convenience compilation, the bench said. The Registry is required to take necessary directions from the CJI to list the SLP's. The hearing and final disposal are to be scheduled for Nov. 11, 2021.
Appearing for the State of Odisha, Senior Advocate Gopal Subramaniam explained the issue and requested the bench to hear the matter so that it is able to take the view as to whether the award passed by the Tribunal sustains or not. There were disputes about drawing water but more importantly the dispute of Neradi Barrage construction. The matter was referred to inter-state water tribunal and the same came to be constituted in compliance with the judgement. SLPs were filed against the Tribunal award on Sept. 13, 2017 and Sept. 23, 2019. The parties again approached the order for guidance on June 21, 2021. The SLPs were filed but the same not listed, the counsel submitted.
He appealed for the matter to be heard expeditiously and decide if the award by the Tribunal sustains or not. On Senior Advocate's submissions, the presiding judge Justice DY Chandrachud orally remarked that they will list it early since these are matters that should not be postponed. The hearing will be posted immediately after Diwali, he said.
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The SLP was filed on the ground that the Tribunal had overlooked the important conditions laid down in the various inter-state agreements held between the states of Odisha and Andhra Pradesh.
The development comes in the background of the order of the Vansadhara Water Disputes Tribunal Dated September 13, 2017. The three-member tribunal with Justice Mukundakam Sharma as its chairman along with allowing Andhra Pradesh to construct Neradi Barrage on the Vansadhara river, originating in Odisha, and a side weir in Katragadda with riders had also directed for setting up of a supervisory committee to look into the disputes between the two states and implement its decision. The Tribunal directed the state of Andhra Pradesh to make the payment to the state of Odisha on account of the compensation for the damages caused by the backwater of Neradi Barrage beyond its pool level.
The tribunal had ordered that the proposed barrage must get required clearances from the Central Water Commission (CWC), the ministries of water resources, environment and forest, tribal affairs, and other bodies. The Odisha state was also directed to acquire 106 acres of land as per relevant acts in its territory for the project and hand it over to Andhra Pradesh within a year of publishing the order in the official gazette.
The tribunal also said that the cost of the project would be borne between the two states based on the ayacut basis if and when Odisha decided on irrigation using the barrage water in future.
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