Supreme Court Directs Telangana to File Civil Suit in Godavari Water Dispute
The Supreme Court of India delivered a significant ruling on Monday regarding the ongoing water conflict between Telangana and Andhra Pradesh. A bench comprising Chief Justice Surya Kant and Justice Joymalya Bagchi declared that Telangana's writ petition was not maintainable in its current form. However, the court granted permission for the state to pursue the matter through a civil suit.
Court's Reasoning and Order
The bench explained its decision by pointing out a procedural flaw in Telangana's approach. The writ petition failed to include Karnataka and Maharashtra as respondents. Both states are parties to the Godavari Water Disputes Tribunal award, which governs water allocations. The judges emphasized that a civil suit would provide a more appropriate legal avenue to address the complex inter-state issues.
"A suit raising the same issues would be a better option," the bench stated clearly during the proceedings.
Senior advocate A M Singhvi, representing Telangana, agreed to withdraw the petition to file a suit. When the bench began dictating an order stating "dismissed as withdrawn," Singhvi intervened. He described the matter as sensitive and requested the court to avoid using the word "dismissed." The bench accommodated this request in its final order.
The court's order read, "The writ petition is disposed of as we prima facie find it not maintainable." It explicitly gave Telangana the liberty to raise all issues mentioned in the writ petition within the appropriate civil suit it intends to file. Singhvi informed the court that the suit has already been drafted and will be filed soon.
Telangana's Firm Stance and Minister's Reaction
Telangana's Irrigation Minister, N Uttam Kumar Reddy, addressed the media outside the Supreme Court in New Delhi. He characterized the decision to file a civil suit as a proactive step to protect the state's water entitlements.
"We are not backing down. We are advancing with full force," Reddy asserted confidently.
He emphasized that the civil suit would allow for broader legal arguments compared to the writ petition. Accompanied by his legal team, the minister reiterated the government's unwavering commitment to the cause.
"This is about justice for our farmers and future generations. We will contest this in every available forum," Reddy added with determination.
Core of the Dispute: Polavaram Project and Water Diversion
The conflict centers on Andhra Pradesh's proposed expansion of the Polavaram project. Initially known as the Polavaram-Banakacherla Link Project (PBLP), it was later repackaged as the Polavaram-Nallamala Sagar Link Project (PNLP). This initiative aims to divert up to 200 TMC (thousand million cubic feet) of Godavari floodwaters to areas in Andhra Pradesh.
The Telangana government argues this diversion violates multiple legal frameworks:
- The Godavari Water Disputes Tribunal (GWDT) Award of 1980
- The Central Water Commission - Technical Advisory Committee (CWC-TAC) clearance granted for the Polavaram Irrigation Project
- The Andhra Pradesh Reorganisation Act of 2014
- Established Central Water Commission (CWC) guidelines
A Telangana government official elaborated on the concerns. "The Andhra Pradesh government is going beyond the originally approved 80 TMC diversion to the Krishna basin. They are encroaching on flood waters that remain unallocated," the official stated.
Telangana's Previous Actions and Political Context
Minister Uttam Kumar Reddy has been actively opposing the project for some time. He wrote several letters to the central government, including the Union Ministry of Jal Shakti and the Ministry of Environment, Forests and Climate Change. In these communications, he urged the rejection of project appraisals due to alleged violations.
Reddy also requested the central authorities to reject the Pre-Feasibility Report submitted by Andhra Pradesh. He asked them to stall the tendering process and instructed the CWC to stop all clearances for the link project.
Following the controversy, the irrigation minister gave a detailed presentation to the Members of the Legislative Assembly (MLAs) in the state assembly. A discussion on the Palamuru-Ranga Reddy Project and Krishna waters was taken up in the first week of January, highlighting the political importance of water security in the region.
The Supreme Court's ruling sets the stage for a prolonged legal battle. Telangana now prepares to file its civil suit, determined to safeguard what it views as its rightful share of the Godavari waters. The outcome will have significant implications for agriculture, resources, and inter-state relations in southern India.
