[Krishna River Row] Plea By Andhra Pradesh Government Against Telangana Alleging Denial Of Legitimate Share Of Drinking Water: Supreme Court Expected To Hear Tomorrow
The Supreme Court on Monday will hear a plea filed by the State of Andhra Pradesh against the State of Telangana alleging denial of “Legitimate Share” of drinking irrigation water.
The matter will be heard by the division bench of Chief Justice NV Ramana and Justice Surya Kant.
It has been argued that the State of Telangana is refusing to follow decisions taken in the Apex Council constituted under the Andhra Pradesh Reorganisation Act, 2014 (“2014 Act”), directions of Krishna River Management Board, and directions of the Government of India.
“More significantly, State of Telangana is clearly in violation of a binding Award, popularly known as “Bachwat Award” made on May 31, 1976 and express provisions of the 2014 Act whereby State of Andhra Pradesh was bifurcated into Telangana and Andhra Pradesh,” plea states.
The State has averred that Section 87 of the 2014 Act empowers the Godavari River Management Board and Krishna River Management Board to exercise jurisdiction in respect of the aspects as notified by the Central Government but till date, no such notification has been issued.
“Meanwhile in view of no progress on notification of the jurisdiction of the Krishna River Management Board, Telangana by its acts of commission is seriously affecting the water supply to Andhra Pradesh for irrigation and other purposes,” plea also states.
The plea has contended that the notification of the State of Telangana dated June 28, 2021, as per which the Government has taken the decision to Generate Hydel Power in the State up to 100% installed capacity has caused immense hardship for people of the State of Andhra Pradesh as availability of water has been serious prejudiced by depletion in Srisailam Dam project as well as other projects such as the Nagarjuna Sagar Project and the Pulichintala Project.
In light of the above, the plea has sought directions to seek mandamus against the Centre to perform its obligations of notifying the jurisdiction of the Krishna River Management Board u/s 87 of the 2014 Act.
The petition has also urged the Top Court to direct the Centre to take control of the common reservoirs of Srisailam, Nagarjunasagar, and also Pulichintala reservoirs along with all their outlets and operate the same as per the rules in vogue as per the binding award and to declare the notification dated June 28, 2021, as illegal, arbitrary and unjust.
Directions have also been sought to restrain the State of Telangana and TS Genco from unilaterally drawing water exclusively for power uses contrary to the binding award and direct the 2nd respondent to deduct the quantity of water unilaterally drawn by the State of Telangana exclusively for power uses from common reservoirs of Srisailam, Nagarjunasagar and also Pulichintala.
Case Title: State of Andhra Pradesh v. Union of India