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Survey conducted in 2011 still holds good: Centre
The Centre on Friday dismissed the need for conducting a fresh study on the backwater effect of the Polavaram dam on Telangana, Odisha and Chhattisgarh. The Union government made its position clear in the litigation when it submitted before a Bench led by Justice Madan B. Lokur that a survey had already been conducted in 2011. The Bench posted the case for further hearing on November 15. Primary among the questions being considered by the Bench is whether the dam project and its design, as approved by the Central Water Commission, are in consonance with the Godavari Water Disputes Tribunal (GWDT) award of 1980. A series of 13 questions were framed by the Bench in a suit filed by Odisha against Andhra Pradesh in 2007. Among the 13 queries, the court had also decided to look into the backwater effect. Crucially, the court has to examine whether the change in the design of the project, especially insofar as it raises the spillway discharge capacity from 36 lakh cusecs to 50 lakh cusecs, is so fundamental that it amounts to violation of the GWDT award, and, therefore, requires fresh statutory clearances.
Eco clearance
Also, the court has to look into the need for fresh environmental clearance in view of the change in the design of the spillway and if there is any diversion of forest land due to change in design affecting the tribal areas and population in Odisha, Chhattisgarh and Telangana. The Bench would also investigate if a public hearing was not held before grant of projects to hear the persons likely to be affected by the project. The controversy in this case is with regard to the capacity and specification as mentioned in the tribunal award of 1980. Odisha submits that the design of the dam is such that it can have a capacity of 50 lakh cusecs as against 36 lakh cusecs mentioned in the award. A.P. and the Centre have argued that the design has been left to the CWC and therefore the submission of Odisha does not deserve consideration. The Supreme Court has to decide whether it has jurisdiction over a dispute already decided by GWDT.
GWDT award
The court has to also decide whether the newly-formed Telangana is dis-entitled to question the execution of the Polavaram project in view of Section 90 of the Andhra Pradesh Reorganisation Act. In this regard, the apex court has to decide the effect of the GWDT award dated July 7, 1980, “which all parties are admittedly bound by.” The decision to go ahead with a comprehensive examination of the Polavaram project comes even as the apex court is hearing a separate PIL filed by NGO RELA, which has argued that both the Centre and the States were “silent spectators” even as the rights of Dalits and forest dwellers were crushed in Chhattisgarh, Telangana, Odisha and A.P.
Source : https://www.thehindu.com/todays-paper/no-need-for-fresh-study-on-polavaram-impact/article25139697.ece
