Observing that a ‘threatening disaster situation’ may arise in the State due to release of water from the dams in Maharashtra during monsoon, the Karnataka High Court on Thursday directed the National Disaster Management Authority (NDMA) to look into this aspect and issue necessary directions to both States through its National Executive Committee (NEC).
The High Court also directed the Chief Secretary and other officers of Karnataka to be in touch with their counterparts in Maharashtra to exchange information on release of water and to take precautions till the NDMA examines the matter.
A Division Bench comprising Chief Justice Abhay Shreeniwas Oka and Justice M. Nagaprasanna issued the directions after noticing from the documents produced by the Central and State governments that they don’t throw light on the question whether there exists a mechanism for States to give immediate intimation to their neighbouring States on release of water from the dams.
The Bench was hearing a PIL petition filed by Mallikarjuna A., an agriculturist and social activist from Chelur village in Gubbi taluk of Tumakuru district, who had complained that the States are not bound by the law to intimate their neighbours on water release from dams resulting in damage to properties.
Apart from citing earlier instances of floods in North Karnataka due to water released from Maharashtra, the petitioner expressed fear that the State may face a similar situation presently if water is being released from Maharashtra.
The only law
Earlier, the Union government counsel M.N. Kumar narrated various integrated mechanisms existing for release of water from dams across States and said that the only law available for the Centre to act in case of floods is the Disaster Management (DM) Act, 2005.
A ‘threatening disaster situation’ may arise as a result of water release from dams in Maharashtra and with a view to take proper measure on such situation, the NEC can always take decision under Section 10(2)(h) of the DM Act to lay down guidelines and issue directions to the States and the authorities concerned on measures to be taken by them in response to any ‘threatening disaster situation or disaster’, the Bench observed.