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Babli barrage will result in reverse water flow: A.P.

New Delhi: The Andhra Pradesh government on Tuesday asserted that its suit to restrain Maharashtra from constructing the Babli barrage across the Godavari in the Pochampad dam area was maintainable. Senior counsel K. Parasaran, appearing for the State, made this submission before the Supreme Court.

A Bench, comprising Chief Justice K.G. Balakrishnan and Justices Altamas Kabir and R.V. Raveendran, was hearing the suit as also a batch of writ petitions filed by others for a direction to restrain Maharashtra from proceeding further with the construction of the barrage and impounding water in it. The petitioners said Maharashtra started the construction in spite of repeated objections.

Andhra Pradesh said if the barrage was allowed to be completed it would result in reverse flow of water and the State would be denied its due share of water awarded by the Godavari Tribunal.

In April 2007, the court permitted Maharashtra to go ahead with the construction but directed it not to install 13 gates in the barrage, which would obstruct the free flow in the river towards Andhra Pradesh.

The issues framed by the court in the suit included whether Maharashtra’s action in undertaking and proceeding with the construction of the barrage within the waterspread area of the Pochampad reservoir was contrary to the July 26, 1980 tribunal award.

Senior counsel for Maharashtra T.R. Andhyarujina said the suit was not maintainable and the technical issues could be decided only by a tribunal. The Babli project was being undertaken within the allocation of water made by the Godavari Tribunal to Maharashtra.

Mr. Parasaran countered, saying the court had the jurisdiction to go into the dispute as the issue was already adjudicated by the tribunal. The Babli project area fell within the Pochampad dam area, covered by the tribunal award. There could not be a project within a project.

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