BHUBANESWAR: In a major setback for the state government, the Centre is unlikely to constitute a tribunal to resolve the Mahanadi water dispute between Odisha and Chhattisgarh.
In an affidavit filed before the Supreme Court, the Centre accused the state government of not adducing evidence in support of its case. In the affidavit, the Centre alleged the state government of not submitting any data till date.
"The complainant cannot make allegations which are not backed by data, facts and evidence. The plaintiff (Odisha government) did not supply any data and adduce any evidence in their favour, while Chhattisgarh and all other party states did so. The plaintiff also challenged the evidence adduced by other party states without any factual basis," the Centre mentioned in its affidavit.
It said the Odisha government raised the issue of construction of barrages by Chhattisgarh across Mahanadi on July 4, 2016 and requested the Centre to intervene to stop the constructions.
In the affidavit, the Centre also blamed the Odisha government of not making any effort to resolve the dispute. "The answering defendant (Chhattisgarh) exerted all its efforts with due diligence to resolve the issue. However, without making any effort to resolve the dispute and by showing its total non-seriousness towards the negotiations, the plaintiff moved a complaint on November 19 under the Inter State River Water (ISRW) Dispute Act, 1956," it pointed out.
The Centre also slammed Odisha for rejecting the neutral and apolitical negotiation committee which was constituted by the Centre to resolve the water dispute in an amicable manner. The state government had rejected the negotiation panel in January 28, this year.
"It would have been proper if plaintiff would have associated itself with the proceedings of the negotiation committee. Instead it raised an unreasonable demand that the negotiation should be carried out by constitutional functionaries like the Prime Minister," the affidavit stated.
The affidavit further stated that since the legal process in the ISRW tribunal is similar to the process followed by the negotiation committee, it is quite likely that the plaintiff may thwart the legal process before the tribunal also.
It is further submitted that the burden to adduce evidence before the tribunal also rests with the complainant state, it is quite likely that plaintiff here in will frustrate similar attempts by the tribunal to come to reasonable conclusion in the matter.
The affidavit also stated that the prayer of the plaintiff is devoid of any merit; therefore the suit is liable to be dismissed with cost. Constitution of a tribunal, as demanded by Plaintiff, would not be fruitful, when a mechanism is available in ISRWD Act for amicably resolution by way of negotiations.
The Centre prayed before the court to direct Odisha government to cooperate with Chhattisgarh to arrive at a permanent, amicable and enduring solution by negotiations.
Contradictory to the state government's allegation on fall in water flow, the affidavit said Odisha has substantial amount of excess water in Mahanadi basin.
It said the National Water Development Agency has carried out a scientific study through National Institute of Hydrology to assess the water availability in Mahanadi basin. "As per said study, Mahanadi basin has 9908 million cubic meter surplus of water. This surplus water either causes flooding in southern part of Odisha or drained unutilized into Bay of Bengal," it stated.
Though the state government is yet to come out with a formal reply, BJD spokesperson Pratap Deb said allegation regarding not providing adequate data was ridiculous. Deb said the affidavit exposed the Centre's anti-Odisha attitude and accused it of helping the Chhattisgarh in view of next year's assembly elections there.
While debating on Mahandi in the state assembly, the BJD proposed to form an assembly panel to meet either the President of India or Prime Minister on Mahanadi issue.
Leader of opposition Narasingha Mishra slammed both the state government's neglect on construction of barrages by Chhattisgarh and Centre for not constituting the tribunal.
In an affidavit filed before the Supreme Court, the Centre accused the state government of not adducing evidence in support of its case. In the affidavit, the Centre alleged the state government of not submitting any data till date.
"The complainant cannot make allegations which are not backed by data, facts and evidence. The plaintiff (Odisha government) did not supply any data and adduce any evidence in their favour, while Chhattisgarh and all other party states did so. The plaintiff also challenged the evidence adduced by other party states without any factual basis," the Centre mentioned in its affidavit.
It said the Odisha government raised the issue of construction of barrages by Chhattisgarh across Mahanadi on July 4, 2016 and requested the Centre to intervene to stop the constructions.
In the affidavit, the Centre also blamed the Odisha government of not making any effort to resolve the dispute. "The answering defendant (Chhattisgarh) exerted all its efforts with due diligence to resolve the issue. However, without making any effort to resolve the dispute and by showing its total non-seriousness towards the negotiations, the plaintiff moved a complaint on November 19 under the Inter State River Water (ISRW) Dispute Act, 1956," it pointed out.
The Centre also slammed Odisha for rejecting the neutral and apolitical negotiation committee which was constituted by the Centre to resolve the water dispute in an amicable manner. The state government had rejected the negotiation panel in January 28, this year.
"It would have been proper if plaintiff would have associated itself with the proceedings of the negotiation committee. Instead it raised an unreasonable demand that the negotiation should be carried out by constitutional functionaries like the Prime Minister," the affidavit stated.
The affidavit further stated that since the legal process in the ISRW tribunal is similar to the process followed by the negotiation committee, it is quite likely that the plaintiff may thwart the legal process before the tribunal also.
It is further submitted that the burden to adduce evidence before the tribunal also rests with the complainant state, it is quite likely that plaintiff here in will frustrate similar attempts by the tribunal to come to reasonable conclusion in the matter.
The affidavit also stated that the prayer of the plaintiff is devoid of any merit; therefore the suit is liable to be dismissed with cost. Constitution of a tribunal, as demanded by Plaintiff, would not be fruitful, when a mechanism is available in ISRWD Act for amicably resolution by way of negotiations.
The Centre prayed before the court to direct Odisha government to cooperate with Chhattisgarh to arrive at a permanent, amicable and enduring solution by negotiations.
Contradictory to the state government's allegation on fall in water flow, the affidavit said Odisha has substantial amount of excess water in Mahanadi basin.
It said the National Water Development Agency has carried out a scientific study through National Institute of Hydrology to assess the water availability in Mahanadi basin. "As per said study, Mahanadi basin has 9908 million cubic meter surplus of water. This surplus water either causes flooding in southern part of Odisha or drained unutilized into Bay of Bengal," it stated.
Though the state government is yet to come out with a formal reply, BJD spokesperson Pratap Deb said allegation regarding not providing adequate data was ridiculous. Deb said the affidavit exposed the Centre's anti-Odisha attitude and accused it of helping the Chhattisgarh in view of next year's assembly elections there.
While debating on Mahandi in the state assembly, the BJD proposed to form an assembly panel to meet either the President of India or Prime Minister on Mahanadi issue.
Leader of opposition Narasingha Mishra slammed both the state government's neglect on construction of barrages by Chhattisgarh and Centre for not constituting the tribunal.
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