PANAJI
The Supreme Court on Monday did not entertain Goa's plea for interim orders to restrain Karnataka from proceeding with its plans for the diversion of Mhadei water.
Goa had approached the Supreme Court seeking interim relief in the form of a stay after the Central Water Commission granted approval to Karnataka’s devised Detailed Project Report (DPR), a move that is widely seen as a political decision in view of the upcoming Karnataka election.
In its order the Supreme Court has said it is not inclined to interfere in the matter as there are already directions that Karnataka cannot proceed unless it obtains statutory permissions.
“The Supreme Court has reiterated its earlier order that Karnataka cannot construct anything without obtaining all the required permissions. The Court has said that the order continues to be in force. Karnataka told the Supreme Court that they won’t start any work without obtaining the requisite permissions including that of the Goa Chief Wildlife Warden (G-CWW), Saurabh Kumar before carrying out any proposed construction in the Kalasa-Bhandura canal”, Advocate General Devidas Pangam said.
An official of the Water Resources Department, who is closely monitoring the case in the SC said, “it is ultimately Section 29 of the Wildlife Protection Act that will come to the rescue of Goa. Karnataka cannot carry out any activity because it is bound by law and until G-CWW decides the matter pending before it”.
Goa had sought a stay citing Section 29 of the Wildlife Protection Act, which disallows the diversion of waters from a Wildlife Sanctuary unless specifically for the benefit of the wildlife of that sanctuary.
Sources said that, during the arguments on Monday, Karnataka submitted to the Bench that no construction has commenced at the site and that the State will not conduct any construction unless requisite permissions are obtained, including that of the G-CWW.
The Apex Court thereafter ordered Karnataka to submit the copies of DPR and their alleged approvals to Goa within one week from February 13, 2023, and posted the matter for final hearing in July 2023.
“During this period, Karnataka will be bound to pay heed to the SC directions until G-CWW decides the matter. No work will be carried out…However inspections and measurements like activity cannot be stopped but otherwise, construction is disallowed pending orders from respective authorities,” the official explained.
In January, Kumar had issued a show cause notice to Karnataka stating that the Kalasa and Bhandura nallas flow through the Mhadei Wildlife Sanctuary and Kalasa rivulet is one of the sources of water for the said sanctuary. Sources said that Karnataka has replied to the notice, before the deadline of 30 days granted by the G-CWW.
