The Telangana Government has requested the Ministry of Jal Shakti (MoJS) one more time to refer its complaint made under Section 3 of the Inter State River Water Disputes Act, 1956, to the existing Krishna Water Disputes Tribunal-II or Brijesh Kumar Tribunal immediately to finalise the fair and equitable share of Telangana in Krishna waters.
In a letter addressed to Secretary of the Department of Water Resources (MoJS) Pankaj Kumar, Special Chief Secretary (Irrigation) of Telangana Rajat Kumar drew the former’s attention to the second Apex Committee meeting held on October 6, 2020 and the categorical decision there to refer Telangana complaint under Section 3 of the ISRWD Act to a tribunal.
He stated that Telangana had already communicated to MoJS about withdrawal of its petition in the Supreme Court. On whether the complaint be referred to KWDT-II, which is not dissolved under Section 12 of the ISRWD Act, or to a new tribunal, the Telangana official wrote that it would be appropriate to refer the it to the existing Tribunal.
Stating that one of the issues being deliberated in the matter now was whether the reference of the complaint made under Section 3 of the ISRWD Act was necessary when another reference under Section 89 of the Andhra Pradesh Reorganisation Act, 2014, was pending adjudication before KWDT-II. “There can’t be any ambiguity on it. A clear judicial pronouncement with regard to the scope and ambit of reference under Section 89 of the APRA is spelt out by KWDT-II in its order dated October 19, 2016”, Mr. Rajat Kumar said.
He further pointed out that the scope of reference under Section 89 of APRA was limited as observed by KWDT-II in its 2016 order: “Purpose of this provision is also not apparently well ascertainable from Section 89 itself. Maybe that it may have been considered to be helpful in any way at the time of sharing of water of erstwhile AP between two successor States. This may only be a possibility, nothing beyond that”.
Mr. Rajat Kumar reiterated that only a complaint under Section 3 of ISRWD Act would ensure equitable allocation of the Krishna river water between AP and Telangana. “There can’t be any legal bar for referring Telangana’s complaint made under Section 3 since the scope and ambit of both (Section 3 and Section 89) the provisions are different. Telangana’s plea can’t be viewed as affecting the rights or interests of upper riparian States (Karnataka and Maharashtra) as it’s only a process of adjudication of the legitimate rights of Telangana”, he explained.
Further, he noted that the Krishna River Management Board (KRMB) was sharing Krishna water between AP and Telangana on ad-hoc basis, as was being followed in erstwhile AP, stating that revising the shares was not in its purview and only an appropriate tribunal could review it.
