CUTTACK: The Orissa High Court has explained that it is not in a position to get into highly technical details regarding the inflow of water in an inter-state river and the impact of the construction of dams and barrages in its upper reaches. The clarification came on Thursday while referring a PIL to the State government for examination of the issues raised in it and take further action.
Alekh Nayak, president of River Kharasrota Mahasabha located in Kendrapara, filed the PIL questioning the construction of dams and barrages on the tributaries of river Brahmani in Jharkhand. The constructions have severely reduced the Brahmani-Kharasrota water flow, thereby depriving the people of six districts of their livelihood, the petition stated.
The Brahmani which is known as the South Koel river in the upper reaches originates near the Nagri village in Ranchi district of Jharkhand and its principal tributaries are Sankh, Tikra and Karo. The division bench of Chief Justice S Muralidhar and Justice Chittaranjan Dash said, “These are indeed matters for technical experts to determine and for a specialised Tribunal to adjudicate. The concerns expressed by the petitioner should be examined by the Government of Odisha and further action thereon should be taken thereon by it if so advised.”
“For that purpose, this writ petition will be treated as a representation by the petitioner to the State of Odisha which will then communicate its decision thereon to the petitioner within a period of eight weeks from today (September 8, 2022),” the bench further ordered.
The State government had earlier in its counter affidavit stated that the issue raised in the PIL falls within the description of ‘water dispute’ in terms of Section 3 of the Inter-State River Water Disputes Act, 1956. It is only the State government, which is competent to make a request to the Central government to refer a water dispute to the Tribunal for adjudication.