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Core Purpose

Order under the proviso to section 5(3) of the Inter-State River Water Disputes Act, 1956 further extending, by one year, the period for the Mahadayi Water Disputes Tribunal to submit its report.

Detailed Summary

The Ministry of Jal Shakti issued S.O. 3305(E) dated 21st July 2023, recounting the history of the Mahadayi Water Disputes Tribunal, constituted on 16th November 2010 under section 4 of the Inter-State River Water Disputes Act, 1956 (33 of 1956) via notification S.O. 2786(E) to adjudicate inter-state water disputes over the river Mahadayi and its valley; the Tribunal's effective constitution date was fixed as 21st August 2013 (notification S.O. 2908(E) dated 13th November 2014); it submitted its principal report and decision under section 5(2) on 14th August 2018, which was published via S.O. 888(E) dated 27th February 2020 pursuant to a Supreme Court order dated 20th February 2020 (I.A. No.109720/2019 with SLP No.33018/2018); the States of Goa, Karnataka and Maharashtra and the Central Government made further references under the proviso to section 5(3) in 2018-2019, and the Tribunal's deadline for its further report has since been extended by one year at a time via successive notifications (S.O. 768(E) dated 17th February 2020, S.O. 2830(E) dated 17th August 2020, S.O. 2889(E) dated 20th July 2021, and S.O. 3348(E) dated 21st July 2022); the present order, issued in pursuance of the proviso to section 5(3), extends the period for submission of the further report by a further one year with effect from 20th August 2023. Signed by Anand Mohan, Joint Secretary, under File No. N-58012/1/2020-BM Section-MOWR.

Full Text

4756 GI/202 3 (1) रजिस्ट्री सं. डी.एल.- 33004/99 REGD. No . D. L. -33004/99 EXTRAORDINARY PART II —Section 3 —Sub-section ( ii) PUBLISHED BY AUTHORITY No. 3163] NEW DELHI , MON DAY, JULY 24, 2023/ SHRAVANA 2, 1945 CG-DL-E-24072023-247562 MINISTRY OF JAL SHAKTI NOTIFICATION New Delhi, the 21st July, 2023 S.O. 3305(E). —Whereas, the Mahadayi Water Disputes Tribunal (hereinaf ter referred to as the said Tribunal) was constituted on the 16th November, 2010 vide notification of the Government of India in the erstwhile Ministry of Water Resources, number S.O.2786 (E), dated the 16th November, 2010 under section 4 of the Inter -State River Water Disputes Act, 1956 (33 of 1956) (hereinafter referred to as the said Act), for the adjudication of the water disputes regarding Inter -State river Mahadayi and river valley thereof; And whereas, the said Tribunal was required to submit its rep ort and decision under sub -section (2) of section 5 of the said Act within a period of three years, i.e., on or before the 15th November, 2013; And whereas, the said Tribunal had requested the Central Government to reckon the effective date of its functio ning, i.e., 21st August, 2013 to be the date of its constitution for the propose of sub -section (2) of section 5 of the said Act; And whereas, the Central Government vide notification number S.O.2908 (E), dated the 13th November, 2014, had decided that the effective date of constitution of the said Tribunal shall be the 21st August, 2013, and accordingly, under the provisions of sub -section (2) of section 5 of the said Act, the period of three years for submission of rep ort and decision by the Mahadayi Water Disputes Tribunal shall commence from the 21st August, 2013; And whereas, the said Tribunal was required to submit its report and decision on or before the 20th August, 2016; And whereas, the said Tribunal had request ed the Central Government to extend the period of submission of report and decision for a period of one year with effect from the 21st August, 2016; And whereas, the Central Government vide notification number S.O. 2686(E), dated the 11th August, 2016, had extended the period of submission of report and decision for a period of one year with effect from the 21st August, 2016; And whereas, the said Tribunal had further requested the Central Government to extend the period of submission of report and decision for a period of one year with effect from the 21st August, 2017; And whereas, the Central Government vide notification number S.O. 2332(E), dated the 24th July, 2017, had extended the period of submission of report and decision for a further period of one year with effect from the 21st August, 2017; And whereas, the said Tribunal submitted its report and decision under sub -section (2) of section 5 of the said Act on the 14th August, 2018; And whereas, the State of Goa had filed an application under Order 39 Rule 2A of the Code of Civil Procedure, 1908 (5 of 1908) read with sub -section (3) of section 5 of the said Act on 20th August, 2018 and had made further reference to the said Tribunal under the proviso to sub -section (3) of section 5 of the said Act on 20th September, 2018; And whereas, the State of Karnataka had made further reference to the said Tribunal under the proviso to sub-section (3) of section 5 of the said Act on 13th November, 2018, the State of Maharashtra had made further reference to th e said Tribunal on 5th November, 2018 and the Central Government made further reference to the said Tribunal on 14th January, 2019 and the said Tribunal had to submit its further report within a period of one year with effect from the 20th August, 2018; And whereas, the said Tribunal had requested the Central Government to extend the period of submission of further report under sub -section (3) of section 5 of the said Act for a period of one year with effect from the 20th August, 2019; And whereas, the Cen tral Government vide notification number S.O. 768(E), dated the 17th February, 2020, had extended the period of submission of further report by the said Tribunal up to the 19th August, 2020; And whereas, as per Hon’ble Supreme Court’s Order dated the 20th February, 2020 in I.A. No.109720/2019 with SLP No.33018/2018, the Central Government vide notification number S.O. 888(E), dated the 27th February, 2020, had published the report and decision of the said Tribunal given under sub -section (2) of section 5 of the said Act on the 14th August, 2018; And whereas, the said Tribunal had requested the Central Government to extend the period of submission of further report under sub -section (3) of section 5 of the said Act for a period of one year with effect from th e 20th August, 2020; And whereas, the Central Government vide notification number S.O. 2830(E), dated the 17th August, 2020, had extended the period of submission of further report by the said Tribunal for a period of one year with effect from the 20th August, 2020; And whereas, the said Tribunal had requested the Central Government to extend the period of submission of its further report under sub -section (3) of section 5 of the said Act for a further period of one year with effect from the 20th August, 2 021; And whereas, the Central Government vide notification number S.O. 2889(E), dated the 20th July, 2021, had extended the period of submission of further report by the said Tribunal for a further period of one year with effect from the 20th August, 2021; And whereas, the said Tribunal had requested the Central Government to extend the period of submission of its further report under sub -section (3) of section 5 of the said Act for a further period of one year with effect from the 20th August, 2022; And wh ereas, the Central Government vide notification number S.O. 3348(E), dated the 21st July, 2022, had extended the period of submission of further report by the said Tribunal for a further period of one year with effect from the 20th August, 2022; And wherea s, the said Tribunal has now requested the Central Government to extend the period of submission of its further report under sub -section (3) of section 5 of the said Act for a period of one year with effect from the 20th August, 2023; Now, therefore, in pu rsuance of the powers conferred by the proviso to sub -section (3) of section 5 of the said Act, the Central Government hereby extends the period of submission of further report by the said Tribunal for a further period of one year with effect from the 20th August, 2023. [F. No. N -58012/1/2020 -BM Section -MOWR] ANAND MOHAN, Jt. Secy. Uploaded by Dte. of Printing at Government of India Press, Ring R oad, Mayapuri, New Delhi -110064 and Published by the Controller of Publications, Delhi -110054.

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