SC Bench suggests hearing of A.P., TG petitions together

The Supreme Court Bench hearing Andhra Pradesh’s petition against hydel-power generation by Telangana at Srisailam, Nagarjunasagar and Pulichintala projects has directed the court Registry to place the A.P.’s petition along with a petition filed by Telangana against Centre notifying the purview of the Krishna River Management Board (KRMB) before the Chief Justice so that both could be heard by one Bench.

Authorities of the Irrigation department of Telangana said on Monday quoting the SC Bench order on the A.P.’s petition that Telangana’s petition was assigned to a coordinate Bench. The Bench hearing the A.P.’s petition observed that both the petitions needed to be placed before the Chief Justice on the administrative side as both the petitions will have to be heard by the same Bench.

In the petition filed on September 9, Telangana has requested the Supreme Court to quash the Ministry of Jal Shakti notification dated July 15, 2021 notifying the purview of the KRMB and its amendment dated July 27, 2022 on taking over the management of projects. Telangana has submitted in the petition that KRMB has to function only as per the Tribunal Awards or inter-State agreements as per the A.P. Reorganisation Act.

Further, Telangana has pointed out that there is no binding Tribunal Award or formal agreement between the two States on sharing the Krishna water and to monitor the projects and the issue of project-specific allocation of water is under adjudication by Krishna Water Disputes Tribunal-II headed by Justice Brijesh Kumar.

The Telangana’s petition was heard by the Bench headed by Justice B.R. Gavai and was posted to November 6. The A.P.’s petition was heard by the Bench headed by Justice A.S. Oka.

In its petition filed on July 14, 2021, A.P. has requested the court to set aside a GO issued by Telangana dated June 28, 2021 for power generation at Srisailam, Nagarjunasagar and Pulichintala stating that it is against KWDT-I Award and seeking directions to the Centre to take control of three common reservoirs, if necessary with the help of police protection.

Further, A.P. submitted that water was being drawn by Telangana against the binding award of KWDT-I and the existing operating protocols and the water being released after power generation was going waste into the sea affecting the needs of Krishna Delta System. It also sought implementation of the MoJS gazette notification. Telangana, however, said the A.P.’s petition was not maintainable as it is arising out of a water dispute.