Maharashtra approaches Supreme Court over border dispute with Karnataka

The Eknath Shinde-led government claimed 865 villages in Karnataka, based on the reports submitted by retired CJI YV Chandrachud.

ByMahesh M Goudar

Published Nov 23, 2022 | 4:08 PMUpdatedNov 23, 2022 | 7:36 PM

Maharashtra Chief Minister Eknath Shinde (right) with Deputy Chief Minister Devendra Fadnavis at an all-party meeting on border issues on Monday, 22 November, 2022. (Supplied)

The 67-year-old Karnataka-Maharashtra border dispute has once again come to the fore, with the Supreme Court likely to take up the case for a final hearing on Wednesday, 23 November.

The Maharashtra government constituted a high-level 19-member committee comprising top leaders from all the political parties at the Sahyadri Guest House in Mumbai on Monday.

In the meeting, the government decided to appeal to the apex court to take up the final hearing on the interstate border dispute on Friday.

Maharashtra has claimed rights to 865 villages in four Karnataka districts: Belagavi, Karwar, Kalaburagi, and Bidar. They also demanded the inclusion of Belagavi city into Maharashtra.

The case is based on the recommendations of a committee headed by former Chief Justice of India YV Chandrachud, who headed the apex court from 1975 to 1985.

A committee was constituted under the headship of the retired CJI by Maharashtra in 2002 to conduct a detailed study of the border areas. The committee submitted its report in 2004. Based on the recommendations of the committee, Maharashtra approached the apex court in 2004.

Maharashtra deputes ministers

The Eknath Shinde-led Maharashtra government has now constituted a two-member committee — including senior Cabinet ministers Chandrakant Patil, who holds the parliamentary affairs and textiles portfolios, and Shambhuraj Desai, who hold Excise portfolio — to superintend the legal aspects at the apex court.

Stating that the Maharashtra government would leave no stone unturned to take this interstate border dispute forward, Chief Minister Eknath Shinde said, “It was unanimously decided to extend the benefits of all the major schemes, including the Chief Minister Assistance Funds, to the citizens across the border areas — including Belagavi — with immediate effect.”

Maharashtra has entrusted the border dispute case to senior advocate CS Vaidyanathan.

“Senior lawyer Vaidyanathan has been appointed to strengthen the ongoing battle in the apex court. Two cabinet ministers Chandrakant Patil and Shambhuraj Desai have been appointed to coordinate hearings on this issue,” tweeted Shinde.

Shinde rolled out pension programmes for the freedom fighters and martyrs of the border movement.

“The government is determined to give justice to every brother in border areas with the inspiration of the Hindu emperor Balasaheb Thackery,” he said.

He also said that he, along with Deputy Chief Minister Devendra Fadnavis, would meet Prime Minister Narendra Modi and Home Minister Amit Shah to seek justice for the citizens of the border areas.

Karnataka CM faces criticism

Chief Minister Basavaraj Bommai has formed a legal team headed by senior advocate Mukul Rohatagi to fight Karnataka-Maharashtra border dispute. (Supplied)

Chief Minister Basavaraj Bommai has formed a legal team headed by senior advocate Mukul Rohatagi to fight Karnataka-Maharashtra border dispute. (Supplied)

The Karnataka government led by Chief Minister Basavaraj Bommai woke up after Kannada activists from the border districts and Opposition leaders criticised it for displaying “the least interest” in “protecting” the border areas and demanded an all-party meeting.

As border row was escalating, Bommai chaired a high-level meeting with the top officials and a legal team at his residence on Monday. The state government formed a legal team of Supreme Court advocates to fight the case.  

“The legal team will be headed by former attorney general and senior advocate Mukul Rohatgi. The other advocates are former advocate general Uday Holla, Shayam Divan, and MN Zirali. The team has made necessary preparations to fight the case,” said Bommai, conveying a message that the government is ready to counter.

“In the presence of advocate general Prabhuling Navadagi, Bommai chaired a virtual meeting with the state’s legal team of New Delhi and discussed the ongoing interstate border dispute on Tuesday morning,” reliable sources told South First.

Responding to the criticism, Bommai replied that the state government was not just committed to protecting the interest of Kannadigas residing in Karnataka but also of those living in Maharashtra.

“There is a harmony between the two states and treating all linguistic people equally. It is also the responsibility of theirs (the Maharashtra government) to protect the interest of the Kannadigas that are settled in large numbers in Maharashtra,” he said.

Following the footsteps of Shinde, Bommai announced certain programmes, such as providing a pension to freedom fighters.

“The Border Development Authority has decided to release the special grants for the development of Kannada schools in Maharashtra. Besides, a monthly pension will also be given to the persons who fought during the Ekikaran (unification) movement, freedom movement, and Goa Vimochan agitation, and are settled in Maharashtra,” he stated.

Taking everyone by surprise, Bommai also claimed the rights to the Jatha taluka of the Sangli district of Maharashtra.

“The Jatha taluka was facing a severe drinking water crisis due to drought, and the Karnataka government developed schemes to help those people by providing water. All gram panchayats in Jatha have adopted a unanimous resolution wanting their taluka to be included in Karnataka. We are seriously considering it,” he firmly stated.

Responding to Bommai’s claims on the villages in Sangli district’s Jath taluka, Maharashtra Deputy Chief Minister Devendra Fadnavis said, “Not a single Maharashtra village will go to Karnataka.”

He also said that the state government would fight to include Marathi-speaking villages — including those in Belagavi, Karwar, and Nipani — of Karnataka into Maharashtra.

Congress demands all-party meeting

Soon after Maharashtra raked up the border issue, the Opposition party leaders were all over the Karnataka government demanding to call for an all-party meeting on the issue at the earliest.

“The Maharashtra government is showing special interest in the Belagavi border dispute. The Karnataka government should wake up and immediately convene an all-party meeting and discuss the steps to be taken,” demanded Congress leader and former chief minister Siddaramaiah.

He also announced that the Congress would extend support to the decisions taken by the chief minister in the interest of the state in matters of land, water, and language.

HK Patil urges Bommai to be cautious

Congress veteran and Gadag MLA HK Patil, who was border in-charge minister between 2015 and 2018 in the Siddaramaiah government, insisted that Bommai take steps cautiously.

He also demanded the appointment of a border in-charge minister immediately.

“The state government seems to be not serious enough in fighting the border dispute. The chief minister must appoint a border in-charge minister or entrust the responsibility to senior Cabinet ministers to oversee the legal aspects. It is the responsibility and duty of the government to protect the border of the state,” Patil told South First.

Activist blame Bommai

Many Kannada activists — mainly from border districts — have reprimanded the Bommai government for what they perceive is a poor display in protecting the interests of people in the border areas.

“The Bommai government has shown negligence towards the border and linguistic issues. The Border Protection Commission has been defunct for the past three years. We have been constantly appealing to the state government to consider the border and linguistic issues seriously, but it displayed hardly any interest,” said Ashok Chandaragi, an activist and president of the Belagavi District Organisation Action Committee.

Pointing out the political aspect, Ashok said, “Kannada is not a plank for politics in Karnataka, while Maharashtra uses border and linguistic emotions and feelings as a weapon in politics. There is a similar practice in Tamil Nadu and Andhra Pradesh. The polls in Karnataka are not fought on the basis of language and border issues, whereas it is the total opposite in Maharashtra. This is one of the main reasons the politicians do not consider and understand the seriousness of the border dispute,” said Chandaragi.

Maharashtra appealing under Article 131

After Maharashtra filed a special leave petition (SLP) before the Supreme Court seeking the inclusion of 865 villages of Karnataka in 2004, the Karnataka government submitted relevant documents claiming that Belagavi was a part of Karnataka.

“Maharashtra’s case was not admitted in the apex court. Now, they have moved to the court once again asking it to accept the petition,” said Chandaragi.

“Karnataka has made it clear that under Article 3 of the Constitution, ‘only Parliament has the power to decide on border disputes.’ Whereas, Maharashtra is requesting to accept the petition under Article 131 of the Constitution, which says ‘anything can be challenged’ in the Supreme Court,” he elaborated.

“We have taken up this issue seriously. Maharashtra’s suit is not maintainable in the court,” advocate MN Zirali, who is a part of the legal team constituted by Karnataka, told South First.