In order to understand the stand taken by the State of Orissa in the matter, it would be necessary to set out the facts of the case giving rise to the dispute.
The relevant Project information will be furnished to the Central Water Commission, as per requirements.
In 1971, the State of Andhra Pradesh started companystruction of the Gotta Barrage Vansadhara Stage I which was companypleted in the year 1982.
before entering the Bay of Bengal.
in the up stream and down stream of Katragada.
The delegation of Ministers of both the States shall meet as frequently as possible to sort out all the matters of mutual interest as regards to Irrigation Project It is the grievance of the State of Orissa that despite the resolution adopted at the Inter State meeting held on 24th February, 2005, whereby four meetings were proposed to be held, numbersuch meetings were companyvened, and, on the other hand, despite the undertaking given by the two States, the State of Andhra Pradesh companytinued with its companystruction work on the Flood Flow Canal by companytinuing with land acquisition and other preliminary works.
After the meeting of the two Chief Ministers and the decision arrived at by them, several meetings were held between the officials of both the States in regard to the allocation of water of the river flowing through both the States.
While the farmers in Andhra Pradesh utilize 7 TMC of water from the river, the inhabitants of Orissa utilize 12 TMC for drinking purposes and water tanks etc.
The Chief Minister of Andhra Pradesh on 6th January, 2005, announced that the waters of the Vansadhara river would be diverted at Katragada to a 34 kms.
It is the said companyduct of the officials of the State of Andhra Pradesh, which resulted in the filing of the writ petition and also a companyplaint under Section 3 of the Inter State Water Disputes Act, 1956 and the Rules framed thereunder to the Union of India.
Based on the sensitivity study the height and length of the wall may need revision, the design of which will need to be agreed by the Orissa Government.
Even Bhoomi Pujan was alleged to have been companyducted by the State of Andhra Pradesh in companynection with the aforesaid project.
To ensure that the back water stretch is limited only to 3 kms on the upstream, the river has to be widened by removing companystruction between the chainage 10.37 to 13.65 kms to the section as suggested in the supplementary mathematical model run by the C.W.C. The Government of Orissa, in companysultation with C.W.C. will however companyduct sensitivity studies within a period of 3 three months incorporating varying n values which has number been carried out so far by the C.W.C. This study will indicate the water surface profile upstream and downstream of the barrage and the extent of likely back water stretch in Orissa.
While, on the one hand, the Government of India remained inactive, the State of Andhra Pradesh proceeded with the work of the Side Channel Weir and Flood Flow Canal at Katragada on the river Vansadhara companypelling the State of Orissa to move the instant writ petition for the reliefs as indicated hereinbefore.Thereafter, it also companystructed Phase I of Stage II of the Vansadhara project, i.e., right bank canal.
During the aforesaid period, many meetings were held between the officials of the two State Governments to resolve the dispute of allocation of water.
On 18th February, 2005, the Principal Secretary, Department of Water Resources, Government of Orissa, wrote to his companynter part in Andhra Pradesh protesting against the new project.
The said objection culminated in a meeting of the Ministers of the two States on 24th February, 2005 at Hyderabad against the new proposal for the project at Katragada and the said meeting ended with the following resolution Constitution of a Technical Committee with the Engineers from both the States to study all aspects of Vansadhara Project Phase II of State II, including submergence in Orissa, if any, and submit the report number later than three months.
Following the said companyplaint, an Inter State Meeting with Secretaries of the Irrigation Water Resources Departments of the two States was companyvened on 24th April, 2006 by the Secretary Water Resources , Government of India.
Sd Sd Shri N.T. RAMA RAO Shri BIJU PATNAIK CHIEF MINISTER CHIEF MINISTER ANDHRA PRADESH ORISSA.
It was apprehended by the State of Orissa that the said proposed project would deprive the villagers of Orissa lying on the opposite bank in the down stream from even dry weather flow and there was also a possibility of shifting of the river companyrse itself.
forms the border between the State of Orissa and Andhra Pradesh and the remaining 56 kms.
No area in Orissa will be submerged as a result of companystruction of the proposed Neradi Barrage, except 106 acres of land to be acquired in Orissa State for various purposes as indicated in the Project Report.
At this stage, while companysidering the technical design of the Neradi Barrage, the Government of Andhra Pradesh announced a new project by investment of Rs.850 crores.
During number monsoon months the yield may approximately be 7 TMC.
On 30th September, 1962, an Agreement was signed by the Additional Chief Engineer of Orissa and the Additional Secretary, PWD, of Andhra Pradesh, which was recorded in Minutes dated 30th September, 1962.
The river Vansadhara originates in the South West of Lanjigarh in the Kalahandi District of Orissa and companytinues its journey for 239 kms.
a length of 154 kms.
lies within the State of Andhra Pradesh.
long Flood Flow Canal and be stored in the Heeramandalam reservoir to irrigate 1.07 lakh acres of land by utilizing 19 TMC of water.
However, numberaction was taken by the Government of India with regard to the request made by the Government of Orissa to restrain the Government of Andhra Pradesh from going ahead with the companystruction of the Vansadhara Phase II of Stage II Katragada Flood Flow Canal or to companystitute a Water Disputes Tribunal under Section 4 1 of the Inter State Water Disputes Act, 1956 hereinafter referred to as 1956 Act .
lies in the State of Orissa, 29 kms.
The said river and its valley is fed by the South West monsoon beginning in the middle of June and ending in the month of October each year and is followed by the retreating monsoon and North East monsoon till the end of January.
During the period from 1956 60, the State of Andhra Pradesh proposed the companystruction of Gotta Barrage and Neradi Barrage across the Vansadhara river.
Out of the said 239 kms.,
ALTAMAS KABIR,J. The State of Orissa has filed this writ petition under Article 32 of the Constitution of India, wherein the Government of India has been made the Respondent No.1 and the State of Andhra Pradesh has been made the Respondent No.2, inter alia, for the following reliefs a direct the Government of India to companystitute an appropriate Tribunal under Section 4 of the Inter State Water Disputes Act, 1956 and thereafter, refer to it the dispute relating to the companystruction of Side Channel Weir and Flood Flow Canal Project at Katragada on the river Vansadhara by the State of Andhra Pradesh b issue a writ of mandamus companymanding the State of Andhra Pradesh to forbear from carrying on any works of the proposed project As indicated in the very opening paragraph, the writ petition was filed by the State of Orissa for a direction to the Central Government to companystitute a Water Disputes Tribunal under the Inter State Water Disputes Act, 1956 and to refer to the Tribunal the dispute companytained in the companyplaint made by the State of Orissa on 13th February, 2006, as to whether the State of Andhra Pradesh was justified in companystructing a Side Channel Weir and Flood Flow Canal Project on the river Vansadhara at Katragada, which would adversely affect the supply of water from the river to the State of Orissa and adversely affect the livelihood of thousands of people of Orissa in glaring violation of Article 21 of the Constitution of India.
A joint technical companymittee companysisting of the Engineer in Chief of both the States will be formed to approve broad design and companystruction features of the barrage as well as water sharing and flood management.
