NEW DELHI: Terming the water dispute related to Polavaram project ‘highly technical’, the Supreme Court on Wednesday said a large part of gaps would have to be filled by the States of Odisha, Andhra Pradesh and Chhattisgarh. “The Central Water Commission (CWC) will propose the way forward. They cannot force you (States) all. Sometimes it works in the court. This is highly technical so the large part of the gaps will have to be bridged by the States,” Justice Kaul remarked.
The bench also comprising, Justices AS Oka and Vikram Nath, also directed the Ministry of Jal Shakti to submit its report within two months and conduct meetings with the CMs of the States. The bench in its order said,
“It’s stated by three States Chhattisgarh, Odisha and Telangana that after initial meetings in September, 2022, their comments have been given to the CWC. ASG submitted that they have received a report from the CWC, which shows some areas of divergence. It appears that no meeting of CMs has been held. On examination of view point, they will submit a report within two months from today and also conduct meetings with CMs. List on for directions on February 15.”
The Polavaram project on Godavari in Andhra Pradesh is a multipurpose project, which has been accorded the status of a national project. The Centre had accepted the verdict of Godavari Water Disputes Tribunal in 1980 and made it binding on the concerned river basin States. According to the tribunal’s verdict, the agreements arrived among the riparian States at the sub-basin level were vetted by the States of the entire Godavari basin and no State could back out of the total tribunal award.
Apprising the bench of the three meetings that were conducted by the Ministry of Jal Shakti and the CWC with the stakeholders, the ministry’s counsel told it that it required three more months to resolve the issue. “Three meetings have taken place. The meeting of the CMs is also scheduled. We require three months to resolve issues. There are some technical issues along with some legal issues. We are in the mid way. We have to file status report. As oftoday, we are in the midway,” the counsel said.
ASG Aishwarya Bhati also for the ministry, told the bench that it had received the report from the CWC, which highlighted some areas of convergence as well as divergence. Refuting the submissions with regards to the Ministry and the CWC scheduling the meeting of CMs, counsel for Odisha said, “After October nothing has been held. In the meantime, the construction is continuing. It’s interstate dispute and it’s been languishing the way it is. Order has been kept in abeyance … entire contours for us have be changed.”
“There has been huge damage due to monsoon, Today protection measures have to be considered for AP,” senior advocate CS Vaidyanathan said.
Earlier, the SC had asked the Centre to call a meeting of stakeholder States concerned with the Polavaram project. “Pioneering role needs to be played by the Jal Shakti Ministry and the Ministry of Environment. Meeting must be held at appropriate high level. Chief Ministers can meet to iron out the issues. Meetings must be held in one month and reports should be filed before the Supreme Court,” the court had earlier said in its order.