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2007 DIGILAW 414 (SC)

State of Andhra Pradesh v. State of Maharasthra

2007-03-16

K.G.BALAKRISHNAN, R.V.RAVEENDRAN

body2007
Judgment : Heard respective counsel for the parties. The following issues are framed : 1) Whether the suit is not maintainable in view of the bar under Article 262 of the Constitution of India read with Section 11 of the ISWD Act 1956? 2) Whether the lis in the present suit is a 'water dispute' involving merely the interpretation of the agreement dated 6.10.1975? 3) Whether the agreement dated 6.10.1975 has merged into the award and become an integral part of the Award? 4) Whether there was no adjudication of disputes between the two states by the GWDT in respect of the subject of the agreement dated 6.10.1975, though the said agreement was considered by the Tribunal and was made part of the award? 5) Whether the action of State of Maharashtra in undertaking and proceeding with the construction of Babhali Barrage on River Godavari within the water spread area of Pochamap reservoir and to utilise water from the said reservoir is contrary to the GWDT award? 6) Whether the Godavari disputes tribunal award enables the State of Maharashtra to construct Babhali Barrage within the water spread area of Pochampad project or utilize water upto the Pochampad dam site? 7) Is the State of Maharashtra entitled to put up its own project in the project put up by the plaintiff and draw water at all from River Godavari through that project? 8) Would the Babhali Barrage project proposed by Maharashtra enable the said State to draw and utilise 65 TMC of water from the storage of Pochampad project? 9) In any event, whether in view of several disputed questions of fact and of a technical nature involved in the suit, the dispute should be referred to a Tribunal constituted under Inter State River Water Disputes Act, 1956? 10) To what relief are the parties entitled? List I.A.1-appln. for interim injunction for hearing in the 2nd week of May, 2007.