K’taka’s cause beyond tribunal’s ambit: ASG

Panaji: Additional solicitor general (ASG) of India A N S Nadkarni has claimed before the Mhadei water disputes tribunal at New Delhi on Monday that Karnataka’s reasons for lifting water to Malaprabha is beyond the jurisdiction of the tribunal, which is constituted to decide on Mhadei river water dispute.
“In terms of the Civil Procedure Code 1908, the cause of action has to partly or wholly arise within the jurisdiction of the Court.Herein the cause is something which has arisen beyond the jurisdiction of this Tribunal, ie in Malaprabha basin, which is under the Krishna Water Dispute Tribunal,” Nadkarni, who appeared on behalf of the Goa government, stated before the tribunal.
Initially, an interlocutory application was filed by the neighbouring state seeking 7TMC (thousand million cubic feet) of water for drought affected areas. When Goa pointed out that the drought as claimed by Karnataka does not exist, Karnataka changed its stand and on July 18, 2016, claimed that 2TMC water is required for the Malaprabha command area, 2.9TMC for drinking water in downstream areas, and 2.656TMC for Hubli-Dharwad.
“Individual basin is the unit of planning for water management as per the national water policy framed by the Union of India on 2012. Once basin is the unit of planning then it follows that water in a basin has to be used for the purposes of that basin only in a judicious manner and a trans-basin diversion could be contemplated only if there is surplus water in the basin and after satisfying the in-basin needs fully,” Nadkarni pointed out.
While stating that Karnataka has not shown that Mhadei is a surplus basin, Goa’s reply emphasized that that if 7TMC of water is allowed to be lifted during monsoon at the upstream level, it would affect Goa’s drinking water schemes and irrigation schemes apart from affecting navigation, flora and fauna, and wildlife.