Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Constitution of India |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Constitution of India |
Case(s) Referred | Referred Case 0 |
Case Type | Original Suit |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | Constitution of India, 1950: Art. 131 of the Constitution read with 0. 23, rr. 1, 2 and 3 c of the Supreme Court Rules - Suit by State of Andhra Pradesh seeking to restrain the defendant State of Maharashtra from constructing Babhali barrage on river Godavari within the water spread area of Pochampad dam and utilising the water through the proposed barrage - Held: Maharashtra can utilize waters not exceeding 60 TMC for new projects, including any additional use over and above the sanctioned or cleared utilization, as the case may be - The essence of Clause II (i) of the agreement is to put a cap on the right of Maharashtra to utilize waters of Godavari river below the three dams mentioned therein up to Pochampad dam site to the extent of 60 TMC for new projects and in no case exceeding that limit - There is no demarcation made that the utilization of waters not exceeding 60 TMC for new projects by Maharashtra shall be from the flowing water - State of Andhra Pradesh is not entitled to the reliefs as prayed for in the suit - However, a three member supervisory committee as detailed in the judgment is constituted - The committee shall surprise the operation of Babhali barrage and Balegaon barrage in terms of the judgment. Art. 131 - suit for injunction filed by one State against other State - Guiding factors to grant injunction - Explained - Evidence - Burden of proof. Words and Phrases: Expressions, 'dam', 'up to dam site', 'from the waters in the area of Godavari basin' and 'from the waters of Godavari basin' - Connotation of.The State of Andhra Pradesh filed the instant suit against State of Maharashtra, defendant no. 1 mainly. Union of India was impleaded as defendant no. 2 and States of Karnataka, Madhya Pradesh, Chhatisgarh and Orissa were impleaded as defendants no. 3 to 6. It was the case of the plaintiff-State that pursuant to the agreement dated 6.10.1975 between the two States and the consequent award dated 27.11.1977 made by the Godavari Water Dispute Tribunal (GWDT), the plaiantiff completed Pochampad dam project on river Godavari o near the border of State of Maharashtra; that the State of Maharashtra was illegally and unauthorisedly constructing Babhali barrage within the reservoir bridge of Pochampad dam and its intention was to utilize the water of Pochampad dam by invasion of reservoir water spread area by construction of Babhali barrage and allowing its farmers to utilize water for irrigation by lifting from Babhali pondage which would deprive the people of the plaintiff State of having water for irrigation and drinking purposes. The stand of defendant no. 1-State of Maharashtra was that by agreement dated 6.10.1975, it was agreed that Maharashtra could utilize waters not exceeding 60 TMC for new projects including any additional use over and above the sanctioned utilization in terms of the agreement dated 6.10.1975 from the water in the area of Godavari basin below Paithan dam site and upto Pochampad dam site on Godavari. Out of the ten issues framed in the suit, the parties felt that decision on issues nos. 5,6,7 and 8 would be crucial. Taking these issues together, the vital issue for consideration before the Court was with regard to: "Maharashtra's entitlement to construct any project within the water spread area of Pochampad project." |
Judge | Honble Mr. Justice R. M. Lodha |
Neutral Citation | 2013 INSC 129 |
Petitioner | State Of Andhra Pradesh |
Respondent | State Of Maharashtra & Ors. |
SCR | [2013] 2 S.C.R. 153 |
Judgement Date | 2013-02-28 |
Case Number | 1 |
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