HYDERABAD: The Telangana government has approached the Supreme Court seeking an immediate stay on Andhra Pradesh’s tender to expand the Polavaram Right Bank Canal, alleging that the move violates binding tribunal awards and seeks to divert an additional 200 tmcft of Godavari water without statutory approvals.
In a 251-page writ petition filed on Tuesday under Article 32 of the Constitution, Telangana sought a stay on all further steps relating to the e-procurement notice issued by the Andhra Pradesh government on November 21. The tender pertains to expansion works under the proposed Polavaram–Nallamalasagar Link Project (PNLP).
Telangana argued that the move violates the Godavari Water Disputes Tribunal Award and provisions of the Andhra Pradesh Reorganisation Act, 2014, governing irrigation projects on interstate rivers.
As per approved plans and clearances granted by the Central Water Commission (CWC), the Polavaram Project is permitted to divert 80 tmcft of Godavari water to the Krishna basin for use in the Krishna Delta System.
However, Telangana alleged that Andhra Pradesh is now expanding Polavaram infrastructure to carry an additional 200 tmcft — raising the total to 300 tmcft — to the Krishna river and beyond through the Polavaram–Banakacherla Link Project (PBLP) or PNLP, without any approvals.
The petition stated that Andhra Pradesh had already begun expansion works and only later submitted a Pre-Feasibility Report to the CWC. It further alleged that tenders were floated even without obtaining the mandatory in-principle consent from the CWC for preparation of the Detailed Project Report, despite specific instructions issued by the CWC on December 4.
Telangana informed the court that technical bids were scheduled to be opened on December 11, financial bids on December 17, and the work award was likely within a week thereafter.
‘AP continuing illegal activities’
The state also contended that the Ministry of Jal Shakti and the CWC had cautioned Andhra Pradesh against proceeding with the project through letters dated May 18, 2022, and December 4. “Despite the prohibitory intervention of the Union government, Andhra Pradesh continues with its illegal actions, necessitating judicial intervention,” the petition said.
Arguing violation of principles of natural justice, Telangana pointed out that large drought-prone areas in the Krishna basin were yet to be adequately addressed. The Penna basin, it said, is not adjacent to the Godavari basin, and any diversion of Godavari water to the Penna basin would require crossing the Krishna basin without first meeting the legitimate needs of affected states in the Krishna basin and is against the principles of natural justice.
Key objections raised by Telangana
Unauthorised expansion at Srisailam
Erstwhile Andhra Pradesh was entitled to construct headworks of only 1,500 cusecs for the Right Main Canal of the Srisailam Reservoir, a joint project of Telangana and Andhra Pradesh. However, the headworks with a capacity of about 1,50,000 cusecs were constructed unauthorisedly. At present, Andhra Pradesh is diverting over 150 tmcft per year, with peak diversion exceeding 200 tmcft, and is seeking to legitimise this as a fait accompli, ignoring Telangana’s in-basin requirements
Illegal lift irrigation scheme at Srisailam
An unauthorised lift irrigation scheme is being built to divert the entire stored water in Srisailam Reservoir at 3 tmcft per day (34,722 cusecs) to the Penna and other basins. These expansions are unapproved projects under the MoJS Gazette notification dated July 15, 2021. Works costing thousands of crores cannot be termed temporary
Unauthorised expansions at Polavaram
The original Right Main Canal capacity from Polavaram was 10,000 cusecs, later proposed to be expanded to 3 tmcft per day. A lift scheme is also being constructed to draw water from Polavaram reservoir storage, which Telangana has already flagged to the PPA. The Tadipudi Lift Irrigation Scheme, meant as a temporary arrangement until Polavaram was completed, has now been included in the PBLP as a permanent component with enhanced capacity of 18,000 cusecs
Violation of Section 90 of AP Reorganisation Act
Under Section 90 of the AP Reorganisation Act, only the Central government or the PPA can propose any modification to the Polavaram Irrigation Project. Andhra Pradesh has no authority to alter the project. The proposed PBLP/PNLP substantially changes the parameters of Polavaram, contrary to the 95th TAC clearance (2009) and the Godavari Water Disputes Tribunal Award (1980)
Water not required for proposed areas
The stated objective of the PBLP/PNLP is to stabilise projects dependent on flood waters from Srisailam and supply water to areas outside the Godavari basin, particularly in the Penna basin covering Rayalaseema and parts of Prakasam and Nellore districts. Telangana contends that adequate water resources already exist for these areas, making the diversion unnecessary
Ecological concerns
The proposed changes to the Polavaram Irrigation Project pose a serious risk to the ecological balance of the Godavari river