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Showing contexts for: interlocutory application in The State Of Maharashtra vs The State Of Goa Chief Engineer on 2 March, 2020Matching Fragments
IA No 349864 of 2020 in SLP(C) No. 19312/2019 IA No 349864 of 2020 has been moved by the State of Goa. The following directions have been sought in the interlocutory application:
“(a) pass an order restraining respondent nos 1 and 2 i.e. the State of Karnataka and the State of Maharashtra respectively, from taking any steps and/or from carrying out of any activity in purported implementation of the Award dated 14 August 2018 of the Tribunal;
“The State of Karnataka has filed an interlocutory application for a direction to the Union of India to publish the award dated 14 August 2018 of the Mahadayi Water Disputes Tribunal.
The prayer is not opposed by Mr Arvind P Datar, learned Senior Counsel appearing on behalf of the State of Goa or by Mr Deepak Nargolkar, learned Senior Counsel appearing on behalf of the State of Maharashtra.
The interlocutory application is allowed, subject to the result of the pending proceedings.” Following the above order of this Court, the Award of Mahadayi Water Disputes Tribunal dated 14 August 2018 has been notified in the Gazette of India on 27 February 2020.
Mr Mukul Rohatgi, learned Senior Counsel appearing on behalf of the State of Goa, submits that the interlocutory application has been instituted because of certain statements attributed to the Chief Minister of Karnataka in the print media. The attention of the Court is drawn to Clauses-X, XI and XII of the operative directions contained in the Award of the Tribunal. For convenience of reference, these directions are extracted below:
“Clause-X The Order passed by this Tribunal on 17.4.2014, while disposing I.A. No. 1 of 2012 filed by the State of Goa, will continue to be operative and will stand vacated or revoked only after:
(iv). The State of Maharashtra is allowed to take up works as per duly approved revised Detailed Project Report either by the Mahadayi Water Management Authority or the Union Government.
Clause-XII The Central Government shall constitute an Authority, called ‘Mahadayi Water Management Authority’ to implement the Report and final decision of Mahadayi Water Disputes Tribunal with functions and compositions etc. as mentioned at para 1350 to para 1369 of this Report;” In view of the above directions, it is evident that the order passed by the Tribunal on 17 April 2014 while disposing of IA No 1 of 2012 filed by the State of Goa is to continue in operation while certain conditions fulfilled. Hence, there is no reason to entertain the interlocutory application which has been instituted by the State of Goa having regard to the above directions which have been issued by the Mahadayi Water Disputes Tribunal. The Court has also been apprised of the fact that applications have been moved before the Tribunal by all the three States. The Interlocutory Application is, accordingly, disposed of.