NEW DELHI, DEC 2: The Supreme Court on Thursday referred the dispute between Karnataka, Andhra Pradesh and Maharashtra over the raising of the height of the Almatti dam beyond 509 meters along with other contentious issues relating to the sharing of Krishna river water to a constitution bench.A three-judge bench headed by Justice S B Majmudar, after hearing arguments briefly, transferred the applications to a larger bench saying any order passed on these would have an impact on the original suits on the river water dispute already placed before the constitution bench.
"We observe that the dispute between the contesting states deserves to be heard at the earliest," the bench said and fixed January, 2000 for the hearing to commence.
Karnataka counsel Fali S Nariman contended that the state had not been able to utilise its share of around 700 TMC feet of Krishna river water awarded by the Bachawat tribunal almost 20 years ago and said there was an urgent need for the dam height to be raised to at least519 meters as has been conceded by an expert committee.
However, Andhra Pradesh counsel K Parasaran said that the Central Water Commission has approved the dam height of only 512 meters and there has been no clearance from either this technical committee, Central Electricity Commission or the environment authority.
Maharashtra said it opposed raising of the dam height to 524 meters as large tract of the state would be inundated.
The constitution bench would also decide whether the court had jurisdiction to entertain matters relating to such disputes after the Express ban provided under Section 11 of the Inter State River Waters Disputes Act.
Karnataka had placed 26 crest gates without skin plates, used to arrest the flow of water, on the Almatti dam making provision for raising the effective height of the dam to 524 meters at a short notice.
Nariman said a scheme for division of surplus water was made but it has not been implemented at all and AP was taking the whole 330 TMC feet of surplus water.
Copyright © 1999 Indian Express Newspapers (Bombay) Ltd.