Vamsadhara Tribunal allows AP to use 8 tmc water

Hyderabad, Dec 17 (INN): The Vamsadhara Water Dispute Tribunal allowed Andhra Pradesh to construct Kattragadda side weir with certain conditions. It is estimated that 45,000 acres will benefit due to this decision.

Chief Minister N Kiran Kumar Reddy expressed his happiness over the decision of the Tribunal and said the long pending demand of the people of the backward areas of Srikakulam District will be met with this.

The Vamsadhara River originates in Orissa, flows for 154 km in Orissa, 29 km along the boundary between Orissa and Andhra Pradesh and further 82 Km in Andhra Pradesh.

On 30.9.1962, an agreement concluded between Orissa and Andhra Pradesh to share waters on 50:50 basis. The State Government proposed to take up the Vamsadhara Project in two stages. The Stage- I consisting of Gotta barrage and Left Main Canal to irrigate an ayacut of 1.48 lakh acres by utilizing 17.841 TMC of river water. The works were completed.

Under Stage-II, it is proposed to irrigate 1.07 lakh acres with 16.048 TMC of water. Due to delay in obtaining concurrence from Government of Orissa for acquisition of 106 acres of land for construction of Neradi Barrage, Government of Andhra Prad3esh has taken up Vamsadhara Stage-II in two phases.

The Phase-I of Stage-II comprises construction of Right Main Canal from Gotta barrage to irrigate 0.62 lakh acres. The work is almost completed. Now 8 TMC of water is proposed to be diverted through the Side Weir forms and constitutes a part of 50% share of Andhra Pradesh and therefore, there could be no objection from the State of Orissa on that score also.

The Tribunal is of the considered opinion that the State of Andhra Pradesh has been able to establish that balance of convenience is on their side and also that they would suffer irreparable loss and injury, if the Side Weir is not allowed to be constructed, for the State would be deprived to utilise that quantity of water for irrigation and other ancillary purpose.

The burden which is on the shoulder of State of Orissa to prove a strong prime facie case in its favour could not be discharged. Rather the facts and documents on record tilt the scale in favour of the State of Andhra Pradesh.

Considering the entire facts and circumstances of the case, the Tribunal allowed the Government of Andhra Pradesh to construct the Side Channel Weir along with the ancillary works as proposed, but with certain conditions.

The Phase-II of Stage-II comprising construction of Neradi Barrage, Flood Flow Canal and Hiramandalam Reservoir to irrigate 45,000 acres and also to stabilize ayacut under LMC & RMC of Gotta Barrage.

Though Orissa has agreed in principle for construction of Neradi Barrage, it has objected to give concurrence for execution of Neradi Barrage on the ground of possibility of excess submergence over 106 acres and back water effect.

To derive the early benefits and in view of the abnormal delay in obtaining concurrence of Orissa Government, Andhra Pradesh Government proposed to construct a side weir and Flood Flow Canal in A.P territory at Katragadda village about 2.00 Km upstream of the proposed Neradi Barrage as a temporary structure to divert flood waters into Hiramandalam reservoir.

Orissa objected to the above. Orissa on 5-9-2006 filed a writ petition in the Supreme of India for stoppage of works for Constitution of a Tribunal.

The Supreme Court on 6-2-2009 has given the Judgment on the writ petition and ordered the Central Government to constitute a Water Disputes Tribunal within a period of six months from date and to refer to it the dispute relating to the construction of the Side Channel Weir and Flood Flow Canal Project at Katragadda on the river Vamsadhara by Andhra Pradesh.

The Court has also directed that pending constitution of the Tribunal, Andhra Pradesh will maintain status quo as of date with regard to the construction of the Side Channel Weir and the Flood Flow Canal at Katragadda'.