The Hindu : New Delhi News : Babhli dispute final hearing in March next year

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Wednesday, Dec 10, 2008
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Babhli dispute final hearing in March next year

J. Venkatesan

Supreme Court rejects Maharashtra’s stand to adjudicate

A Bench had held that the suit was maintainable
Writ contended individuals’ petition should not be entertained

NEW DELHI: The Supreme Court has posted for final hearing on March 24, 2009 a suit filed by the State of Andhra Pradesh against the Maharashtra government challenging the construction of the Babhli barrage across the Godavari in Nanded district.

A Bench comprising Chief Justice K.G. Balakrishnan and Justices Altamas Kabir and R.V. Raveendran had held that the suit was maintainable and rejected Maharashtra’s stand that only the Godavari Water Disputes Tribunal could decide on issues in the dispute.

On Monday, after hearing senior counsel K. Parasaran for Andhra Pradesh and senior counsel T.R. Andhyarujina for Maharashtra, the Bench directed that the main suit and connected petitions be listed for final hearing on March 24, 2009, when the issues already framed would be adjudicated.

Mr. Parasaran submitted that the constitutional question to be decided in this suit was whether it was a water dispute or a dispute regarding implementation of the Godavari award.

Mr. Andhyarujina opposed hearing of writ petitions filed by Madhu Yaski Goud and Nadpenna Baddam, Errabelli Dayakar Rao and B. Vinod Kumar contending that when the State was before the court, petitions of individuals should not be entertained.

He cited a recent judgment of the apex court which had clearly laid down the law that private individuals could not prosecute inter-State water disputes.

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