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New Delhi, Dec 8: The state government Friday filed its counter statement before the Supreme Court after the Centre Wednesday refused to form a tribunal to resolve the Mahanadi dispute.
In its statement, the state government came down heavily on the Centre for misleading the court. “The Centre has gone back on its statement made before this court from time to time … [and] that cabinet note has been prepared with respect to constitution of the Tribunal and that it is awaiting approval of the cabinet,” the statement read.
The state pointed out that the Centre’s stand amounted to contempt of the apex court. “The stand taken by the defendant in the written statement against the constitution of a Tribunal is contrary to its undertaking and, prima facie, it amounts to contempt of this Court,” the statement said.
The state also cited a reply from the ministry of water resources and river development made July 31, 2017, before the Rajya Sabha and similar statement in Lok Sabha where the ministry had said: “The ministry has concluded that the dispute cannot be resolved by negotiation and it has been decided to constitute a Tribunal for adjudication of the dispute. Draft Cabinet Note in this regard has been prepared.”
In response to the Centre’s statement that Orissa had shown reluctance in forming a Joint Control Board under 1983 bilateral agreement between Orissa and erstwhile Madhya Pradesh, the state responded that the board was limited to issues relating to “Joint Projects” which was not relevant in this case.
On the centre’s allegation that the state had withheld facts and figures, the state government told the SC that relevant facts and figures, and study reports had already been submitted when the demand for a tribunal was raised. It further said that it was the Centre that had kept information from the court. It said that in the September 17, 2016 inter-state meeting it was decided that an officer on special duty from the ministry would chair the special committee but it was later unilaterally decided to be chaired by members of the Central Water Commission.
“[The Centre] has no power to either dictate a solution or adjudicate issues raised in the complaint,” it said. On the proposed bill mandating a single tribunal for all water disputes, the state said: “The defendant is citing this bill only to deliberately delay the constitution of a Tribunal under the Act of 1956.”
The state government also told the court that the chief minister of Orissa had already conveyed the message to the prime minister that the Negotiation Committee would only delay the whole process.
The Supreme Court has listed the hearing of the controversial Mahanadi case Monday before a two-judge bench of the apex court where matters relating to the demand of Orissa to form a tribunal will be discussed.
The case has been listed before a two-judge bench of the SC comprising Justice SA Bobde and Justice Nageswara Rao. The next hearing is likely to address the allegations of the Union government into this matter where they refused to form a tribunal and the counter-allegations made by the Orissa government where they accused the Union government of backtracking and alleged contempt of court.
