HYDERABAD: The Andhra Pradesh government sought time to study and consider the impact and legality of the fresh terms of reference (ToR) given to Bachawat Tribunal by the Centre. Accepting the request of the AP government, the Tribunal posted further hearings to November 22.
The Brijesh Kumar Tribunal in its order on Wednesday said that the counsel on behalf of Andhra has requested that some time may be allowed to study and consider the impact and legality of the present reference made to this Tribunal vide notification dated October 6, 2023, and sought adjournment for the purpose.
The request was opposed by Telangana. The Telangana counsel submitted that Andhra may file a reply/statement of case in response to the present reference. It also submitted that a time frame may be provided for the purpose.
“Considering all the circumstances, we feel that it would be feasible to allow some time to the State of Andhra Pradesh to consider the impact and legality of the present Reference on the proceedings already going on before this Tribunal. Andhra Pradesh may file its response considering the impact and legality of the present Reference to the Tribunal by November 20, 2023, after serving a copy of the same to Telangana by November 15. The case is therefore, adjourned and shall now come up on November 22 and 23, 2023, for any further orders or direction as may be necessary,” the order of the Tribunal said.
After gazette notification was issued by the Centre referring further ToRs to the existing KWDT-II, AP filed an IA for adjournment of the scheduled proceedings from Oct 18–20, 2023, by two weeks. But the Tribunal declined to grant it.
AP senior counsel Jayadeep Gupta said that the Gazette Notification has amended the existing ToR which will expand the scope of present reference. He added that Godavari water diversion is included in the new ToR which is to be done by the Godavari Water Disputes Tribunal and not this Tribunal. For this statement, AP relied on the 2nd Apex Council Minutes.
In reply, TS Counsel CS Vaidyanathan argued that it is not appropriate to proceed with the scheduled final arguments under section-89 proceedings. “We waited for a long time and with great difficulty we could get this new reference,” he said and also expressed that with an intention to delay the distribution of 811 tmcft and continuation of ad hoc sharing arrangement, AP is objecting to the ToR of Godavari referred to the Tribunal.