‘Right to life seriously impaired’, Chief Justice denies hearing Krishna river dispute

Andhra Pradesh has submitted the Supreme Court over the river water dispute saying that it is a political issue and the government would decide.

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The Supreme Court on Monday has asked the states Andhra Pradesh and Telangana to settle the Krishna river water dispute amicably. Both southern states have been fighting over sharing Krishna river water for drinking and irrigation. 

The bench was headed by the Chief Justice of India (CJI) NV Ramana, who was in the undivided state of Andhra Pradesh, explained that he would not adjudicate the legal issues involved in the matter but if the states were ready to settle the conflict through talks, the bench then could assist the conciliation process. 

“I belong to both the states. I don’t want to hear this matter legally. But if the matter can be settled in mediation, please do that. Otherwise, we will have to send this matter to another bench,” the CJI told senior counsel Dushyant Dave, appearing for the AP government.

The petition was filed by the Andhra states alleging that the Telangana government was depriving its people of the legitimate share of Krishna water. 

The matter has been shifted for hearing on Wednesday. 

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Andhra Pradesh has submitted the Supreme Court over the river water dispute saying that it is a political issue and the government would decide.  

"I wish that both of you convince your Governments and settle the matter. We don't want to interfere unnecessarily,” noted Chief Justice said. 

Senior advocate CS Vaidyanathan appearing for Telangana before the bench submitted that the Central government has already interposed and there is nothing left for the court to mediate. 

In response to the submission, Justice Ramana has asked both lawyers to persuade their clients to harmonise the issue cordially. 

“I can only wish for both of you to convince your governments to resolve it without the involvement of any third party,” the CJI told Dave and Vaidyanathan.

Telangana has been attacked by Andhra Pradesh for indiscriminately drawing water from Krishna for its power requirements, which is against the pact in 2015. Telangana got separated from Andhra Pradesh in 2014. 

In its petition, the Andhra Government has raised the complaint that Telangana has refused to follow the decision taken in the apex council formed under the Andhra Pradesh Reorganization Act, 2014, course of action of the Krishna River Management Board and those of the central government.

“More significantly, the state of Telangana is clearly in violation of a binding award, popularly known as ‘Bachwat award’ made on May 31, 1976, and express provisions of the 2014 Act whereby the state of Andhra Pradesh was bifurcated into Telangana and Andhra Pradesh,” stated the petition.

The AP government added that the Telangana government’s June 28 notification that allowed hydel power generation of up to 100% of installed capacity has caused severe water shortage issues to the people of Andhra due to serious depletion in the Srisailam Dam Project, Nagarjuna Sagar Project and the Pulichintala Project.

“Fundamental rights, including the right to life of its citizens, are being seriously impaired and infringed on account of unconstitutional, illegal and unjust acts on part of Telangana and its officials, resulting in the citizens of Andhra Pradesh being deprived of their legitimate share of water for drinking and irrigation purposes,” stated the petition.

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AP’s petition requested the apex court to direct the centre to take control of the common reservoirs of Srisailam, Nagarjunasagar, Pulichintala and other outlets and run the same as per binding award and regulations. They have also declared June 28 notification as illegal, arbitrary and unjust.

The dispute has been a long-standing one with the Srisailam Dam on the border that separates the two states being the latest dispute at the core.

 





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