Judgment : O.S.No.1/2006: The State of Andhra Pradesh has filed this suit against the State of Maharashtra & Ors. The river Godavari originates from Sahyadris and goes through the States of Maharashtra and Andhra Pradesh and in the Godavari basin the State of Andhra Pradesh has constructed the Pochampad dam, which is now known as Shri Ram Sagar project. The water spread area (also known as storage area) is upto a length of 126 kms. About 71 kms. Of the water spread area is within the State of Andhra Pradesh and remaining 55 km. is in Maharashtra. It is alleged that the State of Maharashtra is constructing a barrage at Babhali (in Maharashtra) within the reservoir storage area of Pochampad Dam (also known as Sri Ram Sagar) of Andhra Prades. It is alleged that such construction is in violation of the terms of the Inter State Agreement dated 6.10.1975 and the final order of the Godavari Water Disputes Tribunal. It is alleged that though the barrage is being constructed in Maharashtra, as it intrudes into a part of the storage area of Pochampad dam, it is illegal and unauthorised. The State of Andhra Pradesh contends that in case the barrage is constructed and completed, it would be deprived of a part of the water which is stored in the dam and there is likelihood of considerable amount of water flowing back from the reservoir storage area to barrage storage area, thereby affecting its rights. The 1st defendant- State of Maharashtra has filed its written statement. It has challenged the maintainability of the suit. It has contended that the construction of barrage is not in violation of the Agreement between the State or the award of the Godavari Water Disputes Tribunal. It is also stated that the water that will be impounded in the barrage reservoir would be hardly 0.60 TMC as against the total storage area of 112 TMC and Maharashtra has even offered to release that quantity to the Andhra Pradesh. Issues have been framed. Along with the plaint, the plaintiff has filed I.A.1 for temporary injunction. Pending disposal of the suit, the plaintiff petitioner, by way of an application, prays that the State of Maharashtra shall be restrained from proceeding with the construction of Babhali project on river Godavari and impounding the water therein. Issues have been framed. Along with the plaint, the plaintiff has filed I.A.1 for temporary injunction. Pending disposal of the suit, the plaintiff petitioner, by way of an application, prays that the State of Maharashtra shall be restrained from proceeding with the construction of Babhali project on river Godavari and impounding the water therein. The application is opposed by the State of Maharashtra and they have filed their detailed objections. We have heard Shri K.Parasaran, learned senior counsel for the State of A.P. and also Shri Andhyarujina, learned senior counsel for the State of Maharashtra. Learned counsel for the State of Maharashtra submitted that the construction of barrage is not complete and only a portion of the concrete work upto the sill level of 327.00 meter (Bed level of river is 326.60 meter) has been constructed and that there will not be any obstruction for the free flow of water in the river Godavari even when the entire concrete work upto sill level is completed and the Pochampad dam will not have any loss of water for the time being. It is also submitted that only when the 13 barrage gates are installed there would be obstruction of free flow of water and that stage of work has not reached and will not reach for nearly two years. As the State of A.P. has raised certain serious questions, keeping in view the Agreement between the parties and settled legal position regarding temporary injunctions, we are inclined to pass the following interim order : i) Though the State of Maharashtra may go-ahead with the construction of the Babhali barrage, it shall not install the proposed 13 gates until further orders; ii) As the State of Maharashtra is permitted to proceed with the construction at its own risk, it will not claim any equity by reason of the construction being carried on by it. I.A.Nos.1 and 6 are disposed of accordingly. W.P.(C)Nos.134/2006, 207/2007 & 210/2007: Issue notice. Counter affidavit, if any, may be filed within four weeks. Applications for impleadment/intervention are allowed. List the suit for further orders on 25th September, 2007. Documents and list of witnesses by then.