Monthly Archives: June 2016

Law Minister of India Breached Oath – Telangana High Court


Ignorantia juris non excusat or ignorantia legis neminem excusat is a legal principle holding that a person who is unaware of a law may not escape liability for violating that law merely because he or she was unaware of its content

Indian Law Minister Mr D Sadananda Gowda said “creation of a new High Court is in the hands of the Chief Minister and Chief Justice of the common High Court for Andhra Pradesh and Telangana”

He is either ignorant or is deliberately evading his duty as stipulated in the constitution of India.

He clearly abdicated his duty and surrendered the supremacy of Parliament by letting the Judiciary of high court assume the powers it does not have with it under constitution of India.

Its unthinkable, High Court is deciding for itself what should be the process of setting up a state high court and the Executive the constitutional organ that is entrusted to carry out the process through the powers of Parliament has failed to do its duty as mandated by constitution of India.

Telangana State Can not be made to wait for its legitimate constitutional right to have Telangana High court, whether Andhra Pradesh High Court wish to continue in Hyderabad till 2024 or move to any place of its own choice can not have any bearing on creation of Telangana High Court.

Time the Law Minister of India learns the Law of the land by reading Constitution of India sincerely than making assumption or deliberately misleading or abdicating his duties under oath.

Its a Black Day for Indian Law Ministry.

High Courts Creation by Parliament as Per Constitution of India

 

Telangana Share in Krishna for Year 2016-2017 Has to be Up by 35 TMC from 299 TMC


Pending allocation by KWDT-II (Krishna River Water Disputes Tribunal – II for Telangana, AP and Telangana had reached agreement for year 2015-16

6-point Formula

  1. AP and TS could use 512 TMC and 299 TMC respectively in 811 TMC of assured waters in Krishna. The ratio would be the same in case of excess or deficit waters over assured waters. Each state could draw their quota of water from anywhere. The water could be used for anywhere within the state.
  2. States should ensure that the other state is not affected while drawing wate
  3. While generating power at Srisailam project, the officials should keep the interests of SRBC, Nagarjuna Sagar Project (NSP) and Krishna Delta water needs in mind. Both the states have agreed to release water for Telugu Ganga.
  4. The ad hoc committee to supervise   release of water for Rajoli Banda and K-C canal on Tungabhadra river. This is to ensure that AP will not draw excess water. The same committee to also oversee the release of water from Jurala.
  5. The sharing of waters of 512 TMC and 299 TMC was for this year alone and this was in accordance of Bachawat Tribunal. As the cases for re-allotment of waters were pending before Brijesh Kumar Tribunal and in Supreme Court, the agreement reached today was only for this year.
  6. The ad hoc committee to examine indent for water, actual availability in river and the usage of both the states.

Good things is both states have abided by this agreement though due to severe deficit, it had hit Telangana more badly as its Drinking Water Needs are huge and had to be met from its share only, which is against the principle of first priority and right for Drinking Water, thank fully Karnataka state has been kind enough to make emergency release of 1 TMC in Summer for Telangana Drinking water needs.

As far as 2016-2017 is concerned, with Polavaram Right Canal LIFT achieving diversion of 80 TMC water, Upper Riparian states rights go up,  as per the KWDT Karnataka and Maharashtra Rights have gone up by 35 TMC hence, amount of water reaching Telangana in Krishna River is less by 35 TMC while AP already has 80 TMC due to its diversion.

KRMB has to at minimum compensate Telangana by Raising its entitlement by 35 TMC and allocate remaining 10 TMC to Rayalaseema Region of AP

For the Year 2016-17  the 6 point formula to be applied should read as :

  1.  AP and TS could use 522 TMC and 334 TMC respectively in 856 TMC of assured waters in Krishna. The ratio  would be the same in case of excess or deficit waters over assured waters. Each state could draw their quota of water from anywhere. The water could be used for anywhere within the state. 10 TMC Water should be additionally utilized for Rayalaseema alone
  2. States should ensure that the other state is not affected while drawing wate
  3. While generating power at Srisailam project, the officials should keep the interests of SRBC, Nagarjuna Sagar Project (NSP) and Krishna Delta water needs in mind. Both the states have agreed to release water for Telugu Ganga.
  4. The ad hoc committee to supervise   release of water for Rajoli Banda and K-C canal on Tungabhadra river. This is to ensure that AP will not draw excess water. The same committee to also oversee the release of water from Jurala.
  5. The sharing of waters of 522 TMC and 334 TMC was for this year alone and this was in accordance of Bachawat Tribunal. As the cases for re-allotment of waters were pending before Brijesh Kumar Tribunal and in Supreme Court, the agreement reached today was only for this year.
  6. The ad hoc committee to examine indent for water, actual availability in river and the usage of both the states.

Andhra Pradesh has itself demonstrated not only any act can prevent any State to do what it deems is good for the state for water utilization in terms of executing Irrigation Projects with its own resources and there is neither legality or illegality involved with its Mission Critical completion of adding Lifts to Polavaram Right Canal @ Pattiseema with its own money even though neither CWC nor the Act has any such provision, in addition it has gone ahead and diverted the water without any intimation leave alone approval to the central government of Godavari Water Disputes Tribunal and or Godavri River Management Board constituted as per the AP Re-organization Act 2014.

This should set to rest any doubts in one’s mind, Telangana is well within its rights to decide its priorities on water utilization to construct projects and tap water, so long as its total utilization is within its gross allocation by Tribunal or mutually agreed.

KRMB Jurisdiction to Implement KWDT I Only


As per the Andhra Pradesh Re-Organization Act – 2014 Section 85 Center has constituted KRMB (Krishna River Management Board) and its functions as per the act

“regulation, maintenance and operation of such projects, as may be notified by the Central Government from time to time”

” (8 ) The functions of each Board shall include––

(a ) the regulation of supply of water from the projects to the successor States having regard to––

(i ) awards granted by the Tribunals constituted under the Inter-State River Water Disputes Act, 1956;  “

As of now, Only KWDT I (Krishna Water Disputes Tribunal – I ) is in force hence it simply has to continue with the agreement reached last year this year also adding the 45 TMC water diversion from Godavari to Krishna to the same consolidated Pool.

KRMB can not pre-empt KWDT-II and do any Project specific allocations at this stage.

Till all Project specific allocations are completed by KWDT II, unless agreed by both states it can not take over operations of the Projects unilaterally.

KRMB is certainly well within its rights to have its own mechanism to gather water inflow, outflow and power generation data and give necessary directions when situations demand.

Its futile of Andhra Pradesh, instead of joining hands with Telangana to fight together with Center and Supreme Court for higher allocations and seeking to extend KRMB to all 4 states to keep trying to snatch more water from Telangana that is due to it somehow.

By not reciprocating the human gesture extended by Telangana in year 2015 to save Rabi Crops under Nagarjuna Sagar Right canal by sacrificing its quota of water,  In 2016 when Hyderabad and Telangana needed more Drinking water due to severe drought and lowest water availability in reservoirs in last 100 years, AP insisting on TS 37% : AP 63% Ratio agreed has not been a good precedent set by Andhra Pradesh state.
Thankfully Karnataka displayed magnanimity by releasing 1 TMC during peak summer for Telangana Drinking Water needs, set the right precedent of good neighborly relationship between Telangana and Karnataka