The three-member Tribunal gave liberty to AP to move appropriate forums for relief in the matter as may be permissible under the law.
Published Sep 20, 2023 | 7:03 PM ⚊ Updated Sep 20, 2023 | 7:03 PM
The PRLIS project envisaged lifting 90 TMC of flood water in 60 days during the flood season from the foreshores of Srisailam reservoir on Krishna river. (Wikimedia Commons)
In a major relief to Telangana, the Krishna Water Disputes Tribunal (KWDT)-II has categorically said that it did not have the jurisdiction to hear an Interlocutory Application (IA) filed by the neighbouring Andhra Pradesh in December 2022 to restrain Telangana from utilising 90 TMC in Palamuru-Rangareddy Lift Irrigation Scheme (PRLIS) out of 75 percent dependable flows from Srisailam reservoir and grant interim relief.
The three-member tribunal headed by Chairman Justice Brijesh Kumar, however, gave liberty to Andhra Pradesh to move appropriate forums for the relief in the matter as may be permissible under the law.
The two other members of the tribunal were Justice S Talapatra and Justice Ram Mohan Reddy.
The tribunal observed that when no allocation had been made earlier for PRLIS by any of the tribunals constituted under the Inter-State Water Dispute Act-1956, a water dispute tribunal cannot by itself entertain any dispute, which would not be the subject matter of the reference to it.
“For the reasons given and the discussion held in this order, the Tribunal does not have jurisdiction to entertain the application moved for grant of interim relief and thus it rejected the application,” it said in the order.
With the tribunal’s order, the Central Water Commission (CWC) is expected to expedite the process of examining the Detailed Project Report (DPR).
The project has already received clearances from the Forest and Environment, Power, and Groundwater departments along with allied organisations.
Voluminous documents were filed from both sides and arguments of both sides were heard by the tribunal.
On 2 February, Telangana filed a counter to the IA, and a later rejoinder by Andhra Pradesh was followed by a surrejoinder by Telangana. Hearings were concluded on 14 July, and orders were reserved by the tribunal.
For Telangana, Senior Counsel CS Vaidyanathan, Advocate on Record Nikhil Swamy, Advocate Harish Vaidyanatahan and other lawyers and Superintending Engineer R Koteshwar Rao, Executive Engineer S Vijaya Kumar and Deputy Executive Engineer N Ravi Shankar appeared in the proceedings.
For Andhra Pradesh, Senior Counsel Umapathi, Srinivas and other lawyers and Senior Engineers Srinivas and Ravikumar and others appeared.
