Babhali Barrage Issue
1.The State of Andhra Pradesh in May, 2005
brought to the notice of the Central Government that Govt. of Maharashtra is
constructing Babhli barrage in the reservoir submergence area of Sriram Sagar
Project which is in violation of the GWDT award. In this regard, Member, Central
Water Commission (CWC) held two meetings with officers of the
States of Andhra Pradesh and Maharashtra in 2005. Besides, a meeting was held
between the officers of the States of Andhra Pradesh and Maharashstra in 2005.
Another interstate meeting was taken by Union Minister of Water Resources with
the Chief Ministers of concerned States on 4.4.2006 in which following
decisions were taken:-
(i) A Technical Committee headed Chairman or
by a senior officer of Central Water Commission and consisting of representatives
of the States shall go into the details of various issues involved in Babhli
Barrage project. The Technical Committee shall submit a report as early as
possible but not later than 20th May, 2006
(ii) Till the Technical Committee submits its
report, the status quo in respect of activities of the Babhli barrage project
shall be maintained and further construction work will not be done by the State
of Maharashtra.
2. Two meetings of the
Technical Committee were held. The Technical Committee however, could not
submit the report due to non-submission of detailed proposals by Govt. of
Andhra Pradesh in respect of suggestions made during the meetings.
3. In July 2006, Government
of Andhra Pradesh filed an Original Suit under Article 131 of Constitution
against State of Maharashtra and Union of India and Others. In the Suit, the
State of Andhra Pradesh prayed to the Court to grant a permanent injunction
restraining State of Maharashtra from undertaking or proceeding with the
construction Babhli Barrage within the reservoir water spread area of Sriram
Sagar Project.
4. The Hon’ble Supreme
Court heard the matter on 26th April, 2007 and passed following interim order.
(i) Though the State of Maharashtra may
go-ahead with the construction of the Babhli barrage, it shall not install the
proposed 13 gates until further orders;
(ii) As the state of Maharashtra is permitted
to proceed with the construction at its own risk, it will not claim any equity
by reason of the construction being carried on by it.
Thus, the matter is subjudiced.
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