PANAJI
Congress MLA and advocate Carlos Alvares Ferreira while speaking on the burning issue of Mhadei waters to Pramod Acharya, editor Prudent Media expressed hope that Goa can still win the case if argued well in the Supreme Court.
Asked how strong Goa’s case is and what can we possibly do on legal grounds, the advocate pointed out blatantly that the reason to go to court was treachery. “We had challenged the Tribunal award in the court. Karnataka and Maharashtra too have challenged it. Karnataka wants more water and claims that whatever is being allotted is less. They have been allowed 225 TMC from Mhadei basin. If that is given the taps in Goa will go dry. We would be left thirsty,” said Ferreira.
"The effect of allowing 7.56 TMC would be experienced over the years. We will lose much more water. But we followed the legal route because this is betrayal. Ask me why. If you love Goa, you will save Goa, not because of political reason. Forcing us to go to the court, telling us that our case is strong in the court and we will win is a second part. What is our argument? Karnataka does not need that much water because they will use it for irrigation. They say that they want the water for drinking purpose but they will divert it to irrigation," said the advocate.
Pointing out that Karnataka fights with all its neighbours “ Maharashtra, Andhra, Tamil Nadu, Kerala and now Goa. Our State is small, we have no capacity as them and even the power of money. But still, we will fight. The Mhadei Bachav Andolan has also approached the Supreme Court. If setting is done to approve them DPR, we have to study legal ground why that DPR is invalid. We have to challenge the DPR. After issuing DPR they tell us that Karnataka will need many more permissions “ Forest clearance, Environment clearance etc. I asked a simple question in the Assembly to the CM “ Why have we applied for IA application for temporary injunction to ask for stay order? You have filed IA, it is not urgent, then why have you asked for stay order? You are telling after two years that it is urgent. The CM replied, “It’s our strategy.” But my argument is this strategy is useless. It will boomerang. The court will not entertain this, it will keep the notice for next year.
Mentioning points like Eco-sensitive zone, Ferreira stated that this will effect both the States that are fighting for water. We have Western Ghats, with are internationally known, after Amazone. We can put up a proposal to notify this as an eco-sensitive area. But it is not finalised yet, there is still some politics involved. Also there is Tiger reserve too. If this is notified, our case would be stronger. Because any authority would agree that this is a fragile area, and our argument will be strong, we can challenge.
Secondly, Goa government has proof that the water would be used for irrigation by Karnataka. But this case should be put in the Supreme Court, with evidence, data of Karnataka, with orders and filed. We have to show that the water would be used to increase the production in irrigation area, and it is not for what it is given. Even 7.56 TMC is not required what has been given, said the advocate.
Once the Tribunal issues an order, the Supreme Court does not interfere much. After hearing, even Tribunal arrives at water sharing formula. In 99 % of the cases, the Supreme Court does not entertain such cases. So what are the prospects of our case, asked the Prudent editor.
Replying to this Ferreira said, “If the Supreme Court did not want to entertain our petition, then it would have been dismissed then and there. But since this is interstate and multistate issue, I think that there is merit, and we can still argue. I never give up hope, some horribly bad cases turn out to be the best. I have this experience. It may be the last glimmer of hope but I still feel if we put up the case appropriately and argue well, we can win it.”
Speaking on the Mhadei Water Management Authority, Ferreira mentioned that the Water Authority would control the entire water from top to bottom which means our people will be impacted. We are thinking only of the top. “For eg, the Marmagao Port Authority will control all our rivers which are nationalised. See the effect of the writ, the power in the jurisdiction, where it would lead. I agree it can be one of the steps but it is not the only step,” advocated Ferreira.
