LAWS(APH)-1999-8-168

B RAMALAKSHMA REDDY Vs. GOVERNMENT OF ANDHRA PRADESH

Decided On August 18, 1999
B.RAMALAKSHMA REDDY Appellant
V/S
GOVERNMENT OF ANDHRA PRADESH Respondents

JUDGEMENT

(1.) This is yet another story of a silenced river.

(2.) The Tungabhadra river, a major tributary of River Krishna, derives its name from its two tributaries viz., Tunga and Bhadra, both of which rise in the Varaha Parvata in the Western Ghat of Kamataka. The region through which the Tunga and Bhadra flow, has rich and well developed forest resources. After running widely different courses, Tunga and Bhadra unite at Kudali 13 Kms., below Shimoga, to form the river, Tungabhadra. The river is 644 Kms. long and joins river Krishna at Sangameshwaram below Kurnool town at an altitude of + 264M., in Andhra Pradesh. The major portion of the river runs through the State of Kamataka and traverses only 137 Kms in Andhra Pradesh State. The total catchment area of the river is 71417 square kilo meters. During the regime of the Vijayanagara Empire (14th Century), a number of anicuts were built across the river and irrigation channels were provided on both sides of the river.

(3.) A multipurpose project was constructed across the river, Tungabhadra during the year 1945-56 near Mallapuram village in Kamataka State. The scheme consists of a dam across Tungabhadra river 264 Kms., below the confluence of Tunga and Bhadra river near Hospet town and canals (Low level and High level) on both sides of the river for providing irrigation facility to the areas in Andhra Pradesh and Karnataka States. About 120 Kms., down stream of Tungabhadra dam, an anicut across the river, to divert water into the left bank canal for providing irrigation facility to the drought prone areas in Andhra Pradesh and Kamataka States has been constructed during 1949-1958 and the scheme is known as "Rajolibanda Diversion Scheme" (for short 'RDS'). The catchment area of Tungabhadra river at Rajolibanda anicut site is 61,427 sq. Kms., of which 28,180 sq.Kms, is intercepted by the Tungabhadra dam, leaving a free catchment area of 33,247 sq. Kms, below Tungabhadra dam upto the RDS anicul site. Rajolibanda Diversion Scheme is an interstate project consisting of an anicut across Tungabhadra River, the left bank of anicut together with head works is in the limits of Rajoiibanda village, Manvi Taluk of Raichur District, Karnataka State and it is 48 Kms. from Raichur District headquarters. The right bank of the anicut is in the limits of Kandukoor village, Adoni Taluka, Kurnool District, Andhra Pradesh State. This scheme was conceived for diverting 17.1 TMC of water into 143 Km., long left flank canal for the benefit of fifteen villages of Manvi Taluka of Raichur District (Old Hyderabad State and now in Karnataka State); eight villages of Gadwal Taluka; 67 villages of Alampur Taluka in Mahaboobnagar District and four villages of Kurnool taluka of Andhra Pradesh State.