SC dismisses suit against Nallamala Sagar project
We will fight it out with a civil petition: Uttam
In a major setback to the Telangana government, the Supreme Court on Monday dismissed its petition against the Polavaram-Nallamala Sagar project that has been taken up by Andhra Pradesh.
The apex court observed that the Telangana government’s petition had no legal basis for a writ hearing. It clarified that disputes related to inter-state water sharing must be filed as a civil suit under Article 131, not as a writ under Article 32. The court pointed out that similar petitions involving Maharashtra and Karnataka were still pending. With the option drying up, the Telangana government withdrew its writ petition and has decided to file a civil suit on the issue.
The Supreme Court bench also suggested that such disputes should be resolved by a high-level committee constituted by the Central government or via mediation. It maintained that all concerned states must be part of the legal process. Telangana’s counsel argued that Andhra Pradesh had prepared a DPR without consent, which was adversely impacting Telangana’s water rights. The court stressed that since Godavari River waters involved many other states, they all must be included as defendants.
Speaking to newsmen later, state Irrigation minister N Uttam Kumar Reddy said that the government will file a civil suit against the AP project seeking its fair water sharing rights. The Polavaram Nallamala Sagar project was against the Bachawat Tribunal's award and hence should be stopped forthwith, he contended.
The Andhra Pradesh government has proposed the new project to divert 200 TMCs of water from the Polavaram project, which is being constructed on the Godavari River, to the Nallamala Sagar reservoir via the Bollapalli reservoir. Telangana has already written to the Union Ministry of Jal Shakti and the Water Resources Authority, demanding that the project should be stop.
It is also opposed to the tender notification for the Polavaram-Nallamala Sagar project that has been issued by the Andhra Pradesh government. It requested that steps be taken to prevent implementation of the Banakacherla link project, which, it argues, contains provisions detrimental to its interests and is contrary to the Andhra Pradesh Reorganisation Act, the minister said.
