State Of Goa Through Additional Chief Engineer Shri Premanand J Kamat vs. The State Of Karnataka Through Its Chief Secretary Shri T. M. Vijay Bhaskar, Ias

ITEM NO.6

COURT NO.7

SECTION XVII

SUPREME COURT OF INDIA RECORD OF PROCEEDINGS

Petition for Special Leave to Appeal (C) No. 32517/2018

(Arising out of impugned final judgment and order dated 14-08-2018 in REF No. 1/2011 passed by the Mahadayi Water Disputes Tribunal)

STATE OF MAHARASHTRA

Petitioner(s)

VERSUS

STATE OF GOA CHIEF ENGINEER & ANR.

Respondent $(s)$

WITH

SLP(C) No. 19312/2019 (XVII) (IA No. 10024/2023 - CLARIFICATION/DIRECTION)

Date: 13-02-2023 These matters were called on for hearing today.

CORAM:

HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE M.M. SUNDRESH

For Petitioner(s)

• Mr. Deepak Nargolkar, Sr. Adv.
• Mr. Soumik Ghosal, AOR
• Mr. Gaurav Singh, Adv.
• Mr. Darius Khambatta, Sr. Adv. Mr. Venkatesh Dhond, Sr. Adv. Mr. Devidas Pangam, AG, Goa Mr. Nikhil Vaze, Adv. Mr. Ninad Laud, Adv. Mr. Abhay Anil Anturkar, Adv. Mr. Shubham Priolkar, Adv. Mr. Tushar Hathiramani, Adv. Mr. Vishnuprasad Lawande, Adv. Mr. Sanjay Sardesai, Adv. Mr. Ivo Dcosta, Adv. Mr. Shivdutt Muni, Adv. Mr. Geetesh Shetye, Adv.
• Mr. Ajay Borkar, Adv.
• Mr. Dhruv Tank, Adv.
• Ms. Surbhi Kapoor, AOR

• Mr. Darius Khambatta, Sr. Adv.
• Mr. Devidas Pangam, AG, Goa
• Mr. Venkatesh Dhond, Sr. Adv.
• Mr. Nikhil Vaze, Adv.

Mr. Ninad Laud, Adv. Mr. Abhay Anil Anturkar, Adv. Mr. Shubham Priolkar, Adv. Mr. Tushar Hathiramani, Adv. Mr. Vishnuprasad Lawande, Adv. Mr. Sanjay Sardesai, Adv. Mr. Ivo Dcosta, Adv. Mr. Shivdutt Munj, Adv. Mr. Geetesh Shetye, Adv. Mr. Ajay Borkar, Adv. Mr. Dhruv Tank, Adv. Ms. Surbhi Kapoor, AOR Mr. Shyam Divan, Sr. Adv. Mr. Prabhuling K Navadgi, AG, Karnataka Mr. Mohan V. Katarki, Sr. Adv. Mr. M.b. Zirali, Adv. Mr. V. N. Raghupathy, AOR Mr. P.n. Rajeswara, Adv. Mr. Nishanth Patil, Adv. Mr. Ashwin Chikkmath, Adv. Mr. Deepak Nargolkar, Sr. Adv. Mr. Soumik Ghosal, AOR Mr. Gaurav Singh, Adv.

UPON hearing the counsel, the Court made the following O R D E R

I.A. Nos. 19497/2023 and 29737/2023 in SLP(C) No. 19312/2019 for filing additional documents/facts/annexures are allowed, subject to all just exceptions.

I.A. No. 10024/2023 in SLP(C) No. 19312/2019

Our attention is drawn to order dated 2.3.2020 in I.A. No. 34986/2020 in SLP(C) No. 19312/2019, which refers to Clause-X and other clauses of the award dated 14.8.2018 of the Mahadayi Water Disputes Tribunal, which was notified in the Official Gazette on 27.2.2020. In our opinion, the said order is binding on the parties.

During the course of hearing, it is brought to our notice

that the issue whether permission under the Wild Life (Protection) Act, 1972 is required, is sub judice and pending consideration of the Chief Wildlife Warden under Section 29 of the said Act. It appears that in this regard there may be variation in the stand of the State of Karnataka and State of Goa. We need not, at this stage, comment on the said issue, as the question is pending before the Chief Wildlife Warden.

Liberty is granted to the parties to file fresh application, if required and necessary.

We also record the statement made on behalf of the State of Karnataka that revised Detailed Project Report (DPR) alongwith approval(s) would be uploaded within a period of 10 days from today, and information/details would be furnished to the Advocate-on-Record appearing for the State of Goa. Recording the aforesaid, I.A. No. 10024/2023 is disposed of.

Re-list in the month of July, 2023.

(DEEPAK GUGLANI) AR-CUM-PS

(R.S. NARAYANAN) COURT MASTER (NSH)