New Delhi: Odisha Saturday pleaded the Mahanadi Water Dispute Tribunal to pass order on merit in the interim application filed by the state. The government of Odisha sought directions to Chhattisgarh to maintain 1.74 million acre feet flow of Mahanadi water during non-monsoon months, starting from November to May. The Tribunal posted the matter for hearing December 5.
During the hearing, senior advocate Mukul Rohatgi appeared for Odisha and pleaded the Tribunal to pass order in the interim application filed by the state. Rohatgi apprised the Tribunal that both states, Odisha and Chhattisgarh, could not arrive on amicable settlement as directed by the Tribunal earlier. Rohatgi also argued that the Tribunal can hold hearing on the interim application in December to record arguments again as the matter is two years old.
A three-judge bench of the Tribunal headed by Chairperson Justice AM Khanwilkarand comprising Justices Ravi Ranjan and Indermeet Kaur also asked both states to frame a specific timeline for early disposal of the main petition in Mahanadi water dispute and apprised the Tribunal on next hearing of the case. Tribunal affirmed that it does not want to drag the matter for a longer period and want to fast track it.
State of Odisha also raised concerns with regard to preparation of common format. Senior advocate Mohan Katarki argued in the Tribunal that the assessor has done good job in preparation of common format but Odisha has some concerns. Katarki requested the tribunal to conduct Dam Break Analysis of barrages constructed in Chhattisgarh. The senior advocate said that it is important to know whether the barrages are constructed after a proper study. He further argued that if in case the barrages break down they may have huge impact on Hirakud dam and can create chaos in the state.
In response, the Tribunal said that the assessor will consider conducting the Dam Break Analysis and if Chhattisgarh disagreed with the demand of Odisha, then the state can file an application in the Tribunal for the same.
Significantly, the Dam Break Analysis involves the field data collection and computer simulation to evaluate the dam failure and the impact of dam break to downstream area.
It is to be mentioned here that Odisha, in 2018, filed an interim application in the Mahanadi Tribunal seeking directions to Chhattisgarh to maintain 1.74 million acre feet flow of Mahanadi river water during the non-monsoon months, starting from November to May. The state had also urged the Tribunal to order stay on the operation and construction of barrages built by Chhattisgarh on Mahanadi river till the adjudication of main petition. The Tribunal completed arguments in the interim application in 2019 and reserved the judgment. The Tribunal had asked both parties to hold meetings and make mutual settlement with regard to interim application. However, despite repeated meetings, both states could not resolve the issue amicably.
PNN
