Nadkarni: Tribunal can take up all issues on Mhadei water

PANAJI: Senior counsel and additional solicitor general of India Atmaram Nadkarni, who represents Goa in Mhadei Water Disputes Tribunal, submitted in his rejoinder that the role of the adjudicating body is not just limited to investigating a dispute, and or allocation of share of water but has far-reaching powers to consider every issue and claim of the party-states.
Pointing to Article 262 of the Constitution to show that every court, including the Supreme Court, is barred from adjudicating on any interstate water dispute, he said such adjudication can be done only by a tribunal. Nadkarni will continue his arguments on Tuesday.

Counsel for Maharashtra urged the tribunal to consider all evidence and pleadings, and decide whether water is to be allocated or not only after examining veracity of the claims and demands. The tribunal’s jurisdiction is not limited to only sharing of waters but also to examine and adjudicate on the entire claims and dispute arising from these claims from the party states, he said.

Senior counsel for Karnataka, Ashok Desai, also presented his submission on the tribunal’s jurisdiction to adjudicate upon the party states’ complaints and claims. The counsel vehemently attempted to canvass a case that unless a party state puts forth and shows prejudice being caused to it by diversion by another riparian state, there cannot be any dispute within the meaning of Section 3 of the Interstate Water Disputes Act.