CM writes to PM seeking time for All Party delegation

Hyderabad, Dec 13 (INN): Chief Minister N Kiran Kumar Reddy, in a letter, requested the Prime Minister Dr. Manmohan Singh to give time to meet an all Party delegation from Andhra Pradesh, led by the Chief Minister, to represent the concerns of the farmers of Andhra Pradesh over the decision of the Brajesh Kumar Tribunal KWDT-II.

The Chief Minister sought time on the 19th or the 20th of December, 2013, as per the PM's convenience. It may be recalled here that the Chief Minister assured an All Party leaders' meeting that he would lead an all Party delegation to Prime Minister in this regard.

The Chief Minister informed the Prime Minister that there is an uproar among the farming community as well as political parties in Andhra Pradesh, as the decision of the Tribunal will adversely affect the agrarian scenario in the Andhra Pradesh and in this regard, a delegation of all Political Parties of Andhra Pradesh, led by him, would like to meet the Prime Minister to appraise the matter and to request the intervention of Government of India.

The Chief Minister said that the Government of India constituted the Krishna Water Disputes Tribunal-II, under the Chairmanship of Justice Sri Brijesh Kumar, on 02-04-2004, and referred the complaints filed by Karnataka, Maharashtra and Andhra Pradesh for the Tribunal's decision.

The Tribunal pronounced its decision, on 30-12-2010. While arriving at the decision, the Tribunal adopted different dependabilities viz 75 per cent , 65 per cent and distributed water up to average flows i.e. up to 2,578 TMC, notwithstanding the national norm of 75 per cent dependability.

The decision has resulted in inequity in allocations and unsettled many of the settled issues. The Chief Minister said aggrieved by the judgment, the State of Andhra Pradesh has filed Special Leave Petition (SLP) No.10498/11 in the Supreme Court besides seeking clarifications before the Tribunal.

The Government of India in its reference petition has also sought a direction on distress sharing, since the Tribunal distributed waters at 65 per cent dependability and up to average flows.

The State of Andhra Pradesh in the SLP, raised substantial questions of law & public importance inter-alia on the interpretation of proviso to Section 4(1) and Section 6A of the Inter State River Water Disputes Act (ISRWD), 1956, findings recorded with respect to yield of the river at various dependabilities, principles of natural justice, impermissible method of considering the yield series etc.

It has also filed a stay petition in the above SLP. The Supreme Court, after hearing the stay petition, on 16-09-2011, directed the Union Government not to publish the decision of KWDT-II in the Official Gazette under Section 6(1) of ISRWD Act, 1956, pending the disposal of SLP.

The Chief Minister said in his letter that the Tribunal has pronounced its final decision and forwarded its further report to the Union Government on 29-11-2013, wherein no relief was given either to Andhra Pradesh or to the plea for distress-sharing sought by the Union Government.

The decision of the Tribunal has serious implications on the other disputes settled through various Tribunals, as well as India's interest in international waters. If the decision goes unchallenged, it becomes a direction of Supreme Court, once notified.

In view of this, it is imperative for the Ministry of Water Resources, Government of India to implead in the SLP 10498/2011 filed by the State of Andhra Pradesh.