Summary of the Order/Judgment
This suit was filed by Andhra Pradesh under Article 131 of the Constitution of India, complaining of violations by Maharashtra of agreements in respect of the construction of Babhali barrage in Andhra Pradesh’s reservoir/water spread area of Pochampad project, and thus grant of injunction against it. The agreements in this respect had also been endorsed by the Goadavari Water Disputes Tribunal in its final award.
The specific issues were:
i) Whether the suit was maintainable in view of the bar under Article 262 of the Constitution and section 11 of the Inter State River Water Disputes Act, 1956?
ii) Whether Maharashtra was entitled to construct any project within the water spread area of Pochampad project in view of the Tribunal award?
iii) Whether Andhra Pradesh was entitled to an injunction against Maharashtra from setting up Babhali barrage in the suit?
The Court held that under the agreements and the 1979 award of the Tribunal, the utilization of 60 TMC water by Maharashtra for the new projects below Paithan dam site on the Godavari and below Siddheswar dam site on the Purna and below Nizamsagar dam site on the Manjra and up to Pochampad dam site on the Godavari is not confined to flowing waters alone in the territory of Maharashtra. Thus, a cap is put by the agreements and the Tribunal’s award on the right of Maharashtra to utilize water 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. The commitment of Maharashtra that the Babhali barrage project required 2.74 TMC of water out of the allocation of 60 TMC for new projects under the agreement of which only 0.6 TMC is from the common submergence of Pochampad reservoir and Babhali barrage if accepted and its compliance is ensured, it may be conveniently held that Babhali barrage would not enable Maharashtra to draw and utilize 65 TMC of water from the storage of Pochampad project as alleged by Andhra Pradesh. Since no case of substantial injury had been made out by Andhra Pradesh justifying grant of injunction, it was not granted. A three member supervisory committee was constituted for operation of Babhali barrage.