Andhra Pradesh   

"Maharashtra can go ahead with Babli"

J. Venkatesan

Do not to install the 13 gates in the barrage, says Supreme Court

NEW DELHI: The Supreme Court on Thursday permitted the Maharashtra Government to go ahead with the construction of the Babli barrage across the Godavari. However, it directed Maharashtra not to install the 13 gates in the barrage, which would obstruct the free flow of water in the river towards Andhra Pradesh.

A three-Judge Bench comprising Chief Justice K.G. Balakrishnan, Justice R.V. Raveendran and Justice D.K. Jain after hearing senior counsel K. Parasaran appearing for AP and T.R. Andhyarujina for Maharashtra said "Maharashtra may go ahead with the construction but the proposed 13 gates shall not be installed until further orders. Maharashtra will not claim any equities by the construction of the barrage till the disposal of the suit."

The Bench passed this order after recording the submissions of Mr. Andhyarujina that "construction of the barrage has not been completed; only a portion of it has now been completed. There will not be any obstruction in the free flow of water in the river and Pochampad dam will not have any loss of water."

Counsel further said that if at all there could be any obstruction, it would be only after the gates were fully installed on the barrage.

The Bench was hearing a suit filed by Andhra Pradesh and a batch of writ petitions filed by others for a direction to restrain the Maharashtra Government from proceeding further with the construction of the barrage and impounding of water in it. The petitioners contended that Maharashtra started construction of the barrage in spite of repeated objections by A.P.

Mr. Parasaran argued that if the barrage was allowed to be completed it would result in reverse flow of water and A.P. would be denied its due share of water from the Godavari Tribunal's award dated July 26, 1980.

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