Earlier this year, Goa’s Forest Department served notice to Karnataka, alleging that the diversion of water from Mahadayi amounts to a violation of the Wildlife Protection Act, 1972. In reply, Karnataka stated that Goa cannot serve notice, considering their jurisdiction.
Published Sep 16, 2024 | 8:00 AM ⚊ Updated Sep 16, 2024 | 4:42 PM
The Kalasa-Banduri Project proposes to divert Mahadayi river water into the Malaprabha river in the state to enhance drinking water supply to Dharwad, Belagavi, Bagalkote, and Gadag districts. (Wikimedia Commons)
Two years after the Union government cleared the revised Detailed Project Report for the Mahadayi drinking water project, the Goa government continues to stall it, creating hurdles for forest and wildlife clearance, to the detriment of Karnataka.
The National Board of Wildlife recently deferred permission for wildlife clearance, pointing to Goa’s writ petition in the Supreme Court.
Earlier this year, Goa’s Forest Department served notice to Karnataka, alleging that the diversion of water from Mahadayi amounts to a violation of the Wildlife Protection Act, 1972. In reply, Karnataka stated that Goa cannot serve notice, considering their jurisdiction.
Based on the reply of the Karnataka government, Goa has filed a writ petition before the Supreme Court. This poses a hurdle in getting wildlife clearance for the project.
It is also important to note that Karnataka, Goa and Maharashtra have filed SLPs (Special Leave Petition) in the Supreme Court challenging the award. However, a consent order was passed by the Supreme Court on 20th February 2020 directing the Central Govt to publish the Decision of the Tribunal under Section 6(1) of the Act of 1956 (subject to the outcome of pending SLPs).
Accordingly, the Central Government accordingly published it on 27th February, 2020. On publication, the Decision is a deemed decree of the Supreme Court under 6(1) of the Act of 1956.
Mahadayi Water Dispute Tribunal on 4 August, 2018 awarded 13.42 TMC (thousand million cubic feet) of water to Karnataka, 24 TMC to Goa and 1.33 TMC to Maharashtra. The drinking water project will benefit 13 talukas in the Belagavi, Dharwad, Gadag and Bagalkot districts of North Karnataka.
The tribunal issued a gazette notification regarding this in November 2020.
Two years later, in 2022, the Ministry of Jal Shakti gave its nod for the revised Detailed Project Report (DPR) which significantly cut down the destruction of forest areas for the project. Since then, Karnataka has been waiting for forest and wildlife clearance to begin construction.
Karnataka all-party delegation to meet PM
The Siddaramaiah-led Karnataka government has now decided to take an all-party delegation to the Prime Minister to press for the necessary clearance so construction of this project can begin. A decision to this effect was taken a week ago at the state cabinet meeting.
The National Board of Wildlife (NBWL)’s standing committee recently deferred its decision on wildlife clearance for the Kalasa-Banduri Nala project, causing delay.
Since 2022, the Karnataka government has been waiting for forest and wildlife clearance to begin this drinking water project. The state government has not only invited tenders but also awarded works pertaining to this project.
An official with the Water Resources Department told South First on condition of anonymity, “Kalasa and Banduri are tributaries of Mahadayi. Mahadayi Water Dispute Tribunal has awarded 13.42 TMC for Karnataka. The tribunal permitted “diversion” of water from Kalasa and Banduri. This order is as good as a Supreme Court judgment.”
The official explained that the tribunal directed the Karnataka government to follow conditions laid down in the environment and wildlife clearance. He explained that two separate schemes are part of the drinking water project, one in Kalasa and another in Banduri.
“Earlier it was planned to develop a dam for the diversion of water from Mahadayi, but that would have led to a large area of submergence. Hence, we chalked out a new plan where the submergence is less than 50 hectares of forest,” the official said.
“Kalasa stage-I is cleared but the tiger corridor is coming in between. The state wildlife board cleared it and recommended the works. The National Wildlife Board, which functions under the chairmanship of the Prime Minister, has formed a sub-committee on the matter,” the official said.
The sub-committee, based on the report, recommended that permission be granted with some modifications, including passages for wildlife, the official said.
The water resources official explained that the Wildlife Board has not rejected the recommendations; only deferred them. “A week ago, the same matter was taken up for discussion before the wildlife board, but they deferred,” he said, adding that the board maintained that until Goa’s writ petition is settled before the apex court, they would not clear it.
“If Goa’s writ petition is rejected by the SC, the wildlife board will be compelled to give necessary clearance for the project,” the official explained.
Ever since the Union Ministry of Jal Shakti gave its nod for the DPR, the Goa government has been stalling progress on the project, claim Karnataka officials.
Earlier, the Goa government attempted to create hurdles to get environmental clearance. However, the Karnataka government managed to get clearance and also identified an alternative site of around 71 acres in Belagavi’s Athani taluka to compensate for the loss of forest land due to this project.
The Goa government had also invited members of the Progressive River Authority for Welfare and Harmony (PRAWAH) to inspect the Kalasa-Banduri Nala project. That inspection, it was reported, did not yield the desired results. Goa was said to be expecting that the PRAWAH would provide report against the Mahadayi but nothing such sorts happened after their inspection.
Now, Goa is creating hurdles for forest and wildlife clearance, alleging that the diversion of water would amount to a violation of the Wildlife Protection Act, 1972.
On condition of anonymity, an official in the Karnataka state government told South First: “As it is a drinking water project, we have got an exemption from environment clearance. Thereafter, we need to get forest and wildlife clearance.”
After the tribunal award, the Karnataka was directed to take environment, forest and wildlife clearance to start the works. Even for the environment clearance Goa government had created hurdles but as it is drinking water project, Karnataka was given environment clearance.
According to the law, if any lift irrigation projects intended solely for drinking water purpose then such projects will be exempted/given environment clearance.
“Following the nod for the revised project from the Ministry of Jal Shakti, the Chief Wildlife warden of Goa on 29th March, 2023, served notice to Karnataka alleging that the proposed diversion of water enters the wildlife sanctuary, resulting in violation of the wildlife act.”
The Karnataka official explained that the tribunal had granted permission for the diversion of water for the Kalasa-Banduri Nala project. “We are not doing any illegal thing in this project. Everything is being done as per prescribed rules,” the official said.
The official explained that the Goa forest official had served notice under the forest act of his state, but he did not have jurisdiction over Karnataka, and could not serve notice to officials in Karnataka.
“We have replied to their notice stating that the works are being taken up in our state, and not in the Goa limits. Hence, his powers pertaining to serving notice are confined to the Goa borders. He does not have jurisdiction to serve notice in this case.”
It was on the basis of this reply that Goa has approached the Supreme Court. “His contention is that we are violating the Wildlife Act. The developments pertaining to this project have been occurring for the last one year. We are responding to all their notices and objections,” the official said, adding that as Goa places one hurdle after another, Karnataka tries getting over each of these.
“This is how it’s been for the last two years.” He explained that water diversion was only going to happen under the terms of the DPR approved by the Ministry of Jal Shakti, not illegally.
“Even the Tribunal has allowed us to divert the water. Considering this objection from Goa, the wildlife board is dragging its feet on giving forest and wildlife clearance,” the official said, adding that each new hurdle Goa posed was being entertained by the Union government.
He explained that objections raised by Goa to the Banduri Nala project were also being dealt with. “We are offering clarification. The Centre pointed to the ongoing writ petition in the Supreme Court; they are delaying it further instead of taking it to the logical end,” the official said.
Activist Ashok Chandaragi said four BJP MPs from the state must resign to bring pressure on the Union government in the drinking water project matter.
“Belagavi, Bagalkot, Dharwad and Gadag are the beneficiaries of the Mahadayi project. All the four districts are represented by the BJP leaders, where two are former Chief Ministers and one is the sitting Union Minister (Pralhad Joshi), in the parliament,” Chandaragi told South First.
“These four MPs, namely Belagavi MP Jagadish Shettar, Bagalkot MP PC Gaddigoudar, Dharwad MP Pralhad Joshi and Haveri-Gadag MP Basavaraj Bommai must resign immediately to bring pressure on the Union government to get the necessary clearance to kick-start project works,” Chandaragi said.
“The Union government and BJP parliamentarians are testing the patience of the people and farmers of Karnataka. The state government has made the right decision to take an all-party delegation before the Prime Minister,” Chandaragi said, explaining that the drinking water needs of 13 taluks of four districts of the state would be met by this project.
A senior advocate in the Supreme Court, speaking on condition of not being named, said, “The Goa chief wildlife warden, passed some orders accusing Karnataka of violating the Section 29 of the Act of the Wildlife Protection Act, 1972. The orders were passed as if he had the right over the Karnataka government. He can pass orders within his territory. What value has this order got for Karnataka? Nothing.”
“Now, this has to be challenged before the Supreme Court. Karnataka challenged it before the apex court around five months ago. The Union government is saying that the order passed by Goa is challenged before the SC, and until that matter is resolved, wildlife clearance cannot be granted.”
He explained that, under the law, the Union government can well go ahead without considering that order.
“The order passed by Goa is not against the Centre. It is against Karnataka. Karnataka has approached the Supreme Court. The union government should have said that they have nothing to do with the order of Goa, and are free to grant permission,” the senior advocate said.
Advocate further said: “The NCTA vide letter dated 24 January, 2024 submitted the matter to the Standing committee of the NWLB stating that “the matter is related to sharing of water between two states i.e., Goa and Karnataka and currently pending before the Supreme court.”
In the 79th meeting held on 31 July, 2024, National Wildlife Board’s standing committee, after deliberations, it was decided that as the matter is sub-judice the Standing Committee decided to defer the proposal (wildlife clearance) for the next meeting,” the senior advocate added.
Former chief minister and Belagavi MP Jagadish Shettar told South First: “The project is already delayed. Leaders, cutting across party lines, should come together in support of the Mahadayi project.”
“When I was in Delhi to attend the Parliament session, I met the Union Ministers concerned and appealed for the necessary clearances for this project,” Shettar said.
He said he was raising the matter within the Opposition BJP in Karnataka. “The party is yet to take a stand on whether to accompany the state government or not. But I have started raising this issue within the party,” Shettar said.
(Edited by Rosamma Thomas)