New Delhi: The Mahanadi Inter-State River Water Dispute Tribunal Saturday sought more clarification on the application filed by the Odisha government seeking temporary stay on the construction and operation of six barrages built by Chhattisgarh on the River Mahanadi.
A three-judge bench of the Tribunal, led by the Supreme Court judge and the Tribunal chairman Justice AM Khanwilkar asked the state government to file a short affidavit mentioning the flow of water before and after the construction of barrages and all the factors responsible for that by January 10.
Chhattisgarh state, meanwhile, has been directed to file its response within two weeks thereafter on the matter. The Tribunal also observed that there was huge depletion of water during 2008-09, when the construction of barrages was underway.
“What was the quantum of flow to Hirakud between 1975 and 2005? What was the average flow to Odisha before and after the construction of barrages? Also, mention all the factors whether it is rain or any other diversion in Chhattisgarh which impacted in the decline of water flow before and after the construction of barrages,” the tribunal observed.
The tribunal has now sought categorical clarifications on two issues. First, it has asked the states whether there is a commitment in writing regarding the sharing of water between Odisha and Madhya Pradesh and another is whether the construction of barrages has caused any obstruction in the flow of water to the state.
“We want to go through all the factors before passing an order in the matter,” the bench said.
During the hearing, the counsel appearing for Odisha and former Attorney General Mukul Rohatagi submitted that Odisha is getting half of its share. The irrigation channels, power and Chilika lake are suffering in Odisha due to construction of barrages in the upper catchment areas. Chhattisgarh has obstructed the flow of water in River Mahanadi by closing gates of four barrages while they are yet to close the gates of remaining two barrages.
“The tribunal must order them (Chhattisgarh) to open the gates of four barrages and not close the gates of two under construction barrages till the case is completed,” Rohatagi argued.
The Odisha government pleaded with the tribunal to direct Chhattisgarh to allow a minimum flow of 1.74 maf of water during non-monsoon months (November-May).
Meanwhile, the representatives of Odisha denied that they have any written commitment on sharing Mahanadi water with Madhya Pradesh in 1947. However, Odisha placed around 45 documents before the tribunal in support of the agreement they had with Madhya Pradesh on the sharing of water.
The counsel for state further submitted that Madhya Pradesh recognised that a particular quantity of water will be supplied to the Hirakud dam. The tribunal has now listed the interlocutory application and the main petition for hearing it February 9.
PNN