19 Jan 2023  |   07:12am IST

Clear case for Goa to win the Mhadei battle in court and not in power corridors: Rajendra Kerkar

Former Goa Governor General Jacob’s notification on Mhadei and Netravali sanctuaries clearly mentioned protecting Goa’s water resources; this was never used by Goa; Karnataka’s advocate Fali Nariman’s assurance to the SC that neither was the work of Kalasa-Bandura project going on nor they will do it in the future has been violated
Clear case for Goa to win the Mhadei battle in court and not in power corridors: Rajendra Kerkar

AVIT BAGLE

PANJIM: Well-known campaigner for Mhadei, environmentalist, and key influencer in the Mhadei Bachao Abhiyan Rajendra Kerkar has outlined a clear legal path for Goa to win the battle of the Mhadei waters.

He said that this is all the more necessary since “Karnataka does not care about the regions in which the river flows whether it is in Maharashtra or Goa”. “They are just adamant about diverting Mhadei even though they have water sources in Belagavi, Dharwad, and Gadag. Karnataka is targeting Mhadei,” he said.

In an exclusive chat on Herald 

TV, Kerkar put his finger on an issue that has been missed in the din of rightful protests. The National Water Disputes Tribunal has touched on water management between Goa and Karnataka in the tributaries of Kalasa, Bandura and Haltara. However, in the Detailed Project Report (DPR) of Karnataka, approved by the Centre, ropes in the Surla river, another tributary that flows only through Goa and Mhadei’s wildlife is sustained through this. 

“The Tribunal’s award mentions Kalasa, Bandura and Haltara, while the DPR which is approved by the Centre mentions Surla river. Karnataka has decided to divert Surla with the help of five bandharas. If we present this issue strongly in the Court then we have a chance,” said Kerkar.

“In my opinion, at this stage, we should focus more on battling it out in the Court and I have brought this to the notice of the AG and Goa Government,” he added. 

Goa has not even used General Jacobs' notification safeguarding the water resources of Mhadei and Netravali sanctuaries

Kerkar said, “When the notifications were issued for Mhadei Wildlife Sanctuary and Netravali Wildlife Sanctuary in 1999, we had met the then Governor J F R Jacob and convinced him that in order to safeguard the water sources of Goa these wildlife sanctuaries are needed. He issued these notifications on the last day of President’sRule and till today, Goa Government has not issued the final notification.”

Karnataka’s violation of assurances in the Supreme Court was a legal resource for Goa which was never used

Environmentalist Kerkar underlined that in 2017, the Central Empowered Committee inspected the area of canal construction based on the documents such as photographs of cut-down trees and the construction, FIR filed by Karnataka’s Forest Department, etc. Then judge Madan Lokur asked Karnataka’s lawyer Fali Nariman if the photographs were true. Nariman said neither was the work of Kalasa-Bandura project going on nor they will do it in the future. In a way, he gave an assurance to the court. That order is with Mhadei Bachao Abhiyan, much thanks to the constant saadhana done by our president Nirmala Sawant who had strengthened Goa's side in the court so well. The Goa Government should have used that order in the case, but, unfortunately, the disputes within prevented them from doing so.

Mhadei is clearly Karnataka’s political issue, Goa never discussed safeguarding water resources flowing into Goa

 The Mhadei has been used in Karnataka’s political campaigns for more than fifty years in order to gain more votes. When Goa became a part of India, the issue of safeguarding water sources originating from Karnataka or Maharashtra and flowing into Goa was never discussed by the politicians. It has never been brought up in Goa Assembly either.

“I doubt if the central Government will side with Goa as Karnataka’s strength in Lok Sabha and Rajya Sabha far outweighs Goa which has barely two to three Members of Parliament. At the end, the politics of votes in our democracy is influential. Our only support lies with the Supreme Court, and the Tribunal will present its allocation based on the Apex Court’s decision. Our efforts should be directed towards how well we can present our side in the Supreme Court.” 

(Part 2 Tomorrow)


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