STATE OF ORISSA Vs. GOVERNMENT OF INDIA

JUDGEMENT

(1.) THE State of Orissa has filed this writ petition under Article 32 of the Constitution of India, wherein the Government of India has been made the Respondent No.1 and the State of Andhra Pradesh has been made the Respondent No.2, inter alia, for the following reliefs :-

(2.) AS indicated in the very opening paragraph, the writ petition was filed by the State of Orissa for a direction to the Central Government to constitute a Water Disputes Tribunal under the Inter-State Water Disputes Act, 1956 and to refer to the Tribunal the dispute contained in the complaint made by the State of Orissa on 13th February, 2006, as to whether the State of Andhra Pradesh was justified in constructing a Side Channel Weir and Flood Flow Canal Project on the river Vansadhara at Katragada, which would adversely affect the supply of water from the river to the State of Orissa and adversely affect the livelihood of thousands of people of Orissa in glaring violation of Article 21 of the Constitution of India.

(3.) DURING the period from 1956-60, the State of Andhra Pradesh proposed the construction of Gotta Barrage and Neradi Barrage across the Vansadhara river. DURING the aforesaid period, many meetings were held between the officials of the two State Governments to resolve the dispute of allocation of water. On 30th September, 1962, an Agreement was signed by the Additional Chief Engineer of Orissa and the Additional Secretary, PWD, of Andhra Pradesh, which was recorded in Minutes dated 30th September, 1962. In 1971, the State of Andhra Pradesh started construction of the Gotta Barrage (Vansadhara Stage-l) which was completed in the year 1982. Thereafter, it also constructed Phase-l of Stage-ll of the Vansadhara project, i.e., right bank canal. Several meetings were held between the officials, including the Chief Ministers of the two States, and Agreements were signed pertaining to allocation of water of the Neradi Barrage. On 30th December, 1994, a meeting was held between the Chief Ministers of the two States and it was decided that all the available water would be shared between the two States on a 50:50 basis annually. The discussions relating to the distribution of water from the Neradi Barrage were recorded and is reproduced hereinbelow :