Government of Ministry of Water Resources (BM Division under PP Wing)

Brief Note on Important Issues Likely to be Raised by in the Forthcoming Budget Secession of Parliament

S. Content Page No. River basin Management Plan Scheme (RBMS) 1. 2

Inter State River Water Dispute (ISRWD) Act, 1956 2. 3-5

Proposal for the enactment of Dam Safety Bill 3. 6-7

8-9 4. River Basin Management Bill

Status Note on Water Dispute Tribunal set up under Inter-State 5. River Water Dispute (ISRWD) Act, 1956. 10-16

Ganga Management Board 6. 17-18

Status cum progress of various proposals relating to inter-linking of 7. 19-30 rivers Special Committee for Inter Linking of River 8. 31-33

1. River basin Management Plan Scheme (RBMS)

(i) Taking into account the recommendations of the Planning Commission Working Group for Water Major & Medium Irrigation and Command Area Development for the XII Five Year Plan (2012-2017), Ministry of Water Resources prepared a Central Sector Plan Scheme called “River Basin Management”. The Planning Commission had indicated an outlay of Rs. 1280 crore for the scheme for XII Five Year Plan. (ii) The original EFC proposal of River Basin Management Plan Scheme had four components namely, (1) Brahmaputra Board (2) Investigation of Water Resources Development Scheme (IWRDS) (3) Restructuring of CWC and (4) River Basin Organisation. (iii) In the EFC meeting on River Basin Management Scheme held on 9th April, 2013, out of four components of the original EFC proposal, the two components viz Restructuring of CWC and River Basin Organisation were advised to be excluded from the proposal and to be dealt with separately. Accordingly, a revised EFC proposal in respect of River Basin Management, containing only two components namely, (1) Brahmaputra Board and (2) Investigation of Water Resources Development Scheme was considered by EFC on 3rd October, 2013 and an outlay of Rs. 975 crore recommended. (iv) CCEA in its meeting dated 28.02.2014 has approved the RBMS with the total outlay of Rs 975 crore. (v) Accordingly, the approval of the scheme has been issued by the Ministry on dated 28.04.2014 with the concurrence of IFD and approval of Hon’ble Minister (WR). (vi) Expenditure of Rs 284 crore has been incurred till March, 2014. BE for the current financial year 2014-15 was 250 crore which have been reduced to Rs 160 Crore in the RE 2014-15. The expenditure made in the RBM in the current financial year till 31.1.2015 is Rs 103.29 crore.

2 2. Inter State River Water Dispute (ISRWD) Act, 1956

(i) The proposal of amendment to existing Inter- State River Water Disputes Act,1956 is under consideration of the Ministry. Draft Cabinet Note was circulated for inter-Ministry consultations on 16.11.2011 and comments of all the Ministries concerned were incorporated in the Draft Cabinet Note and same was sent to Ministry of Law Justice for vetting. After receiving the vetted Draft Cabinet Note (alongwith draft Bill) from M/o Law &Justice, the approval of Minister (WR) was sought and the Cabinet Note then referred to PMO and Cabinet Secretary for their comments on 31.8.2012. (ii) PMO vide its letter dated 09.11.2012 has directed this Ministry that matter required further scrutiny and consultations before it is taken up by Cabinet. Hence, the matter is being considered again by the Ministry. (iii) Persuent to the PMO advice, the Secretary (WR) has taken a meeting on 21.1.2013 of Irrigation Secretaries of States/ UTs in this regard. Modified draft was prepared on proposed amendments of ISRWD ACT (1956 ) on the basis of outcome of the said meeting of Irrigation Secretaries. The draft thus prepared was circulated in February, 2013 to the States / UTs for their comments. The comments received from States / U.Ts. were compiled in the draft amendment Bill and same along with the cabinet Note was sent to MoLJ in July, 2013. MoLJ has responded in 24.02.2014 and sent the modified draft Bill for confirmation of the MoWR. Same after the approval of the Hon’ble Minister (WR) was again sent to MoLJ for finalizing the vetting of Cabinet Note and the amendment Bill. (iv) MoLJ with the approval of their Hon’ble Minister has sent the vetted Draft Cabinet Note and the Amendment Bill to MoWR,RD &GR. (v) The Draft Note for the Cabinet was circulated to the concerned Ministries and the PMO on 14.1.2015 for seeking their comments. Comments from some of the Ministries have been received. (vi) In the mean time, on the clarifications/ quarries raised by the MoWR on the draft Bill, the Legislative Department, MoLJ has asked to have a policy decision on the issue in the Ministry of WR,RD&GR. Accordingly the matter was discussed on 5.3.2015 in the Chamber of Secretary (WR,RD &GR) and it has been decided to accommodate all the Members of the existing Tribunal below 70 years of age even if they are more than 08 in numbers in the new Tribunal and subsequently the as and when they retire, the number will be restricted to 08 finally . Further the seniority among the Members of the new Tribunal will be decided by the Chief Justice of India. The file is being processed in the Ministry for the approval of Hon’ble Minister and thereafter the file will be sent to MoLJ for modification in the draft amendment Bill. 3 STATEMENT OF EXISTING AND PROPOSED PROVISIONS FOR AMENDMENT OF INTER- STATE WATER DISPUTES ACT, 1956

S. Existing Provision Final Amendments Proposed No. 1. Separate Tribunal for each dispute Single Tribunal in place of multiple water disputes Tribunals.

The dispute presently assigned to the existing Water Disputes Tribunals shall automatically stand transferred to the new Tribunal. 2. No age limit for Hon’ble Chairman Age limit of 70 year for Chairperson, Vice- and Members of the Tribunal Chairperson or other member.

3. At present there are five Tribunals The proposed Tribunal will consist of a for different water deputes and each Chairperson, Vice- Chairperson and not Tribunal consists of a Chairman and more than six members to be nominated two other members nominated by in this behalf, by the Chief Justice of India Chief Justice of India from among from amongst persons who at the time of persons who at the time of such such appointment are Judges of the nomination are Judges of the Supreme Court or of a High Court Supreme Court or of a High Court. (a) the jurisdiction of the Tribunal may be exercised by the Benches thereof;

b) A Bench may be constituted by three members of Tribunal out of which the senior most shall preside over the Bench. (c) The Chairperson shall assign the dispute, when it is referred by the Central Government, to a Bench of the Tribunal for its adjudication. (d) Chairperson may assign more than one water dispute to a Bench.

4. Member of a Tribunal can not be In case of occurrence of a vacancy, the transferred to another Tribunal. work of that member shall be assigned by the Chairperson to any other member of In case of vacancy of Member, the the Tribunal till such vacancy is filled. hearing come to standstill till the vacancy is filled up.

5. Maximum time available to Tribunal Maximum time available to Tribunal to to forward to the Central forward to the Central Government a Government a report and decision report and decision under Section 5(2) is under Section 5(2) is five year. three year.

4 S. Existing Provision Final Amendments Proposed No. No time limit for forwarding further The maximum time line of one and a half report under section 5(3) of the Act. year has been proposed for forwarding further Report under section 5(3) of the Act. 6. Section(6) Section 6 The decision of the Tribunal, after The decision of the Bench of the Tribunal its publication in the Official shall be final and binding on the parties to Gazette by the Central Government the dispute and shall be given effect to by under sub-section (1) become final them and shall have the same force as an and binding on the parties to the order or decree of the Supreme Court dispute and have the same force as an order or decree of the Supreme Court.

7. The Central Government shall If the Bench of a Tribunal is left with no dissolve the Tribunal after it has cases involving water dispute to be forwarded its report and as soon as adjudicated, the Chairman and members the Central Government is satisfied of such Bench shall be deemed to have that no further reference to the vacated their office: Tribunal in the matter would be necessary. Chairperson of the Tribunal will continue in office even after all the Benches of the Tribunal are left with no case being available for adjudication.

5 3. Proposal for the enactment of Dam Safety Bill A comprehensive Draft Dam Safety Bill to provide for proper surveillance, inspection, operation and maintenance of all dams in India to ensure their safe functioning and to ensure uniform dam safety procedure which shall ensure national investment and benefits by safeguarding human life, livestock and property was prepared and earlier circulated to the State Governments for comments. The States have responded well to the Draft Bill and the erstwhile State of Legislative Assembly adopted a Resolution on the 24th March, 2007 that the Dam Safety legislation should be regulated in the State of erstwhile State of Andhra Pradesh by an Act of Parliament. The West Bengal Legislative Assembly also passed a Resolution on the 24th July, 2007 empowering the Parliament to pass the necessary Dam Safety Act. As per article 252 of the Constitution, Parliament of India is empowered to legislate on any subject in List II of Schedule 7 of the Constitution of India, provided, two or more States give consent for such legislation and the resolution is adopted by their respective legislatures empowering the Parliament to pass an Act in this regard, which shall apply to those States. Accordingly, the proposal for enactment of dam safety legislation under article 252 of the Constitution as approved by the Cabinet on 13th May, 2010, was introduced in 15th Lok Sabha and tabled before the Parliament on the 30th August, 2010, and was referred to the Parliamentary Standing Committee on Water Resources on 9th September, 2010 for examination. The Parliamentary Standing Committee submitted its recommendations which were examined by the Ministry for appropriate compliance and accordingly, a modified Dam Safety Bill was prepared which was duly vetted by the Ministry of Law. In the mean time, the Dam Safety Bill 2010 introduced in 15th Lok Sabha lapsed with the dissolution of the 15th Lok Sabha. Further, as per Andhra Pradesh Reorganisation Act, 2014, the erstwhile State of Andhra Pradesh has now been bifurcated in to State of and bifurcated State of Andhra Pradesh. The matter was earlier discussed with the MoLJ and it was advised that both the newly created States may be approached for concurrence of said resolution in their respective Houses as was passed by the erstwhile State of Andhra Pradesh. With the approval of Hon’ble Minister, DO letter on 27.7.2014 from the Secretary (WR) to the Chief Secretaries Govt. of AP and Telengana and subsequent letters from JS(PP) to the Principal Secretaries of both the States were sent to occurred the earlier Resolution passes by the House of erstwhile State of Andhra Pradesh. The status discussed with the Principal Secretary Govt. of AP wherein it was intimated that the proposal has been put up to the concerned Authorities for placing it in the State House and is under process. Response in the matter from the Govt of Andhra Pradesh is received wherein some clarification has been asked by the Govt. of Andhra Pradesh. File in this regard has been put up for the approval in the Ministry there after same will be sent to the Deptt. of Legal Affair , MoLJ for clarification.

4 Salient Features of Dam Safety Bill Applicability: „ Applicable in the first instance to States of AP and WB and to all union territories. „ It shall also apply to such other State which adopts this Act by resolution passed in that behalf under article 252. Proposed institutional framework: „ National Committee on Dam Safety „ Central Dam Safety Organization „ State Committee on Dam Safety „ State Dam Safety Organization

„ National Committee on Dam Safety shall discharge such functions as may be necessary to evolve policy, guidelines, standards and their revision for proper surveillance, inspection, operation and maintenance of specified dams. „ Central Dam Safety Organisation shall act as an independent regulatory authority and discharge such functions as may be necessary to implement the policy, guidelines and standards evolved by the National Committee. „ State Committees will review the works of State Dam Safety Organisations and establish prioritization. „ State Dam Safety Organisation will be responsible for overall surveillance and inspection of dams under their control.

„ Duties and functions in relation to dam safety „ Provisions in respect of: „ Surveillance and Inspection „ Vulnerability and hazard classification of dams. „ Maintenance of log books „ Record of Dam Incidents „ Instruction on safety „ Funds for maintenance „ Technical documentation „ Individual responsible for dam safety to be qualified „ Jurisdiction of State DSOs „ Charging of investigation costs „ Construction or alteration aspects „ Initial filling „ Operation and maintenance of dams. „ Responsibility of dam owner

„ Provisions for establishment of dam safety unit for each specified dam. „ Provisions in respect of inspection and data collection: „ Periodical inspection „ Instrumentations of dam „ Hydro-meteorological stations „ Seismological stations „ Provisions in respect of Emergency Action Plan and Disaster Management „ Provisions in respect of Comprehensive Dam Safety Evaluation „ Provisions for Offences and Penalty „ Provision for placement of annual reports on safety status of dams before the Parliament.

7 4. Status on River Basin Management Bill (Draft Bill for Amendment of River Board Act, 1956)

1) 2nd Administrative Reforms Commission’s 7th Report titled “Capacity Building for Conflict Resolution-Fiction to Fusion” has recommended under Para 5.5 (c) that “River Basin Organisations (RBOs) should be set up for each inter-State river, as proposed by the Report of the National Commission for Integrated Water resources Development, 1999 by enacting a legislation to replace the River Boards Act, 1956.” 2) The above recommendation has been accepted by the Government and in compliance, MoWR vide letter dated 6/3/2012 has set up a Committee under the Chairmanship of Justice T.S. Doabia, former Judge, M.P. and J&K High Courts to study the activities required for optimal development of a river basin and changes required in the existing River Boards Act, 1956 for achievement of the same. 3) The Committee held its 10 meetings and finalized its report and submitted the report to the Ministry on 06/11/2012. 4) The Report of the Committee has been placed before National Forum of Minister of Water Resources/Irrigation of the States and there after on the website of the Ministry of Water Resources for wider consultation. Copies have also been sent to States,UTs and concerned Central Ministries. 5) The draft Bill proposes optimum development of inter-State rivers by facilitating inter- State coordination ensuring scientific planning of land and water resources taking basin/sub-basin as unit with unified perspectives of water in all its forms (including soil moisture, ground and surface water) and ensuring comprehensive and balanced development of both catchment and command areas. The main features of the proposed Bill are

(i) It proposes establishment of separate River Basin Authorities for regulation and development of waters for twelve major inter-State river basins in the country on the principles of participation, cooperation, equitable and sustainable management, conjunctive use, integrated management, public trust doctrine and demand management for governing river basin development, management and regulation. (ii) It proposes a two-tier structure for a River Basin Authority, consisting of a Governing Council comprising, inter-alia, of Chief Ministers of riparian States and an Executive Board comprising, inter-alia, of Secretaries of riparian States, 8 charged with the technical and implementation powers for the Governing Council decisions. (iii) It proposes each River Basin Authority should prepare a River Basin Master Plan for the inter-State river basin under its jurisdiction on the principles of Integrated Water Resources Management. (iv) It proposes that the Governing Council follow persuasion, conciliation and mediation as means to resolve disputes, whenever any dispute or difference arises between two or more State Governments with respect to any recommendation given by the River Basin Authority or the refusal or neglect of any State Government to undertake any measures in pursuance of the River Basin Master Plan or Schemes. (v) It provides for referral of dispute(s) for resolution under the Inter State River Water Disputes Act, 1956, when the Governing Council fails to determine the issue(s) or resolve the water dispute(s) or where the State Governments disagree with the decision tendered by such Governing Council. (vi) It proposes that the River Basin Authority be empowered to have its own funds and requires them to prepare Annual Report to be laid before both Houses of Parliament. (vii) It proposes that the Central Government may give directions and make Rules for effective implementation of the provisions of the Bill. It also proposes that every River Basin Authority be empowered to make regulations for discharging its powers and functions etc.

9 5. Status Note on Water Dispute Tribunal set up under Inter-State River Water Dispute (ISRWD) Act, 1956.

Under Article 262 of the Constitution of India, Parliament has enacted Inter- State Water Disputes Act, 1956 for adjudication of disputes relating to waters of inter -State rivers and river valley thereof. On the complaint made by the State Governments, on the use, share and distribution of water of the inter-State river, the Government has, so far, set up 08 Tribunals to settle water disputes among the States under the Inter-State River Water Disputes (ISRWD) Act, 1956. The details of the Tribunals set up so far by the Central Government are as under:

S. Name of States Date of Present Status No Tribunal concerned constituti on 1. Godavari April, 1969 Award given on July, 1980 Water , Andhra Disputes Pradesh, Tribunal , & 2. Krishna Maharashtra April, 1969 Award given on May, 1976 Water , Andhra Disputes Pradesh, Tribunal -I Karnataka, 3. Narmada Rajasthan, October, Award given on December, 1979 Water Madhya 1969 Disputes Pradesh, Tribunal Gujarat and Maharashtra 4. Ravi & Beas Punjab, April, 1986 Report and decision under section 5(2) Water Haryana and given in April, 1987. A Presidential Tribunal Rajasthan Reference in the matter is before Supreme Court and as such the matter is sub-judice. 5. Cauvery Kerala, June, Report and decision given on 5.2.2007 Water Karnataka, 1990 which was published vide Notification Disputes Tamil Nadu dated 19.2.2013. Special Leave Petition Tribunal and (SLP) filed by party States in Hon’ble Puduchery Supreme Court, as such the matter is sub-judice. 6. Krishna Karnataka, April, 2004 Report and decision given on 30.12. Water Telengana, 2010. Further report given by the Disputes Andhra Tribunal on 29.11.2013. Term of the Tribunal -II Pradesh and Tribunal has been extended for two year Maharashtra w.e.f. 1st August, 2014 to address the terms of reference as contained in section 89 of Andhra Pradesh Reorganisation Act, 2014. However, as per Supreme Court Order dated 16.9.2011, till further order, decision taken by the Tribunal on references filed 10 S. Name of States Date of Present Status No Tribunal concerned constituti on by States and Central Government shall not be published in the official Gazette. As such, matter is sub-judice. 7. Vansadhara Andhra February, Report and decision not given by the Water Pradesh & 2010 Tribunal. State of Odisha has filed an Disputes Odisha SLP in Supreme Court against the Tribunal appointment of one of the Members of the Tribunal. The SLP in the matter filed by the State of Odisha in the Supreme Court is pending. Thus the matter is sub- judice. Besides, Hon’ble Vansadhara Water Disputes Tribunal in its Order dated 17.12.2013 has directed to constitute a 3-member Protem Supervisory Flow Management and Regulation Committee on River Vansadhara to implement its Order. 8. Mahadayi Goa, November, Report and Decision not given by the Water Karnataka 2010 Tribunal. Disputes and Tribunal Maharashtra

The inter-State river water sharing disputes relating to Godavari, Krishna (of May 1976), and Narmada are settled with the publication of decisions of respective Tribunal. However, project specific inter-state issues related to these basins continue to engage the attention of Central Government/Supreme Court and are being dealt with on a case to case basis by appropriate authorities.

11 Detailed Status of the Water Disputes under the Tribunals

A. Total 08 numbers of Tribunal constituted so far under ISRWD Act, 1956.

B. 03 Numbers of Tribunal wound up after final adjudication of Disputes as per details below:

(i) Godavari Water dispute Tribunal was constituted on April, 1969, to adjudicate the water dispute between the States of Maharashtra, Andhra Pradesh, Karnataka, Madhya Pradesh and Odisha which has given its award in July, 1980.

(ii) Krishna Water dispute Tribunal-I was constituted on April, 1969, to adjudicate the water dispute between the States of Maharashtra, Andhra Pradesh and Karnataka which has given its award in May, 1976.

(iii) Narmada Water dispute Tribunal was constituted on October, 1969, to adjudicate the water dispute between the States of Rajasthan, Madhya Pradesh, Gujarat and Maharashtra which has given its award in December, 1979. An inter-state body namely Narmada Control Authority (NCA) have been set up for the implementation of the Award. The raising of height of Sardar Sarover dam has been separately submitted (proper referencing may please be done)

C. The status of the remaining 05 Tribunals functioning are as under:

(i) Cauvery Water Dispute Tribunal (CWDT) a. The Cauvery Water Disputes Tribunal (CWDT) was constituted by the Government of India on 2 June, 1990 to adjudicate the water dispute regarding inter-state river Cauvery and the river valley thereof among the States of Tamil Nadu, Karnataka, Kerala and Puduchery (Pondichery). b. The Tribunal passed an Interim Order in June, 1991.

12 c. The CWDT submitted its report and decision under Section 5(2) of the ISRWD Act, 1956 on 5.2.2007 wherein the allocation of water to the States made by the Tribunal as under:

Kerala 30 TMC Karnataka 270 TMC Tamil Nadu 419 TMC Pondicherry 7 TMC

Total 726 TMC d. In pursuance to the order dated 4th Feb, 2013 of the Hon’ble Supreme Court, the Central Government published in Official Gazette on 19.02.2013, the notification of Final Order 5th February, 2007 of CWDT. e. The Central Government and party States filed before the Tribunal application for clarification/further guidance u/s 5(3) of the above said Act. f. The Party States also filed Special Leave Petitions (SLPs) against the above mentioned report and decision of the Tribunal before the Hon’ble Supreme Court. The Hon’ble Supreme Court on 07.05.2007 has granted Special Leave in the SLPs filed by States. Thus matter is sub-judice. g. The Tribunal took up the petition of the parties for consideration on 10th July, 2007 and observed that party States have also filed SLPs against the aforesaid decision of the Tribunal dated 5.2.2007 before the Hon’ble Supreme Court and the Hon’ble Supreme Court has also granted special leave. In this background the applications under Section 5(3) of the said Act should be listed for orders after disposal of the appeal by the Hon’ble Supreme Court. h. Hon’ble Chief Justice of India vide letter dated 26th October 2013 has nominated Hon’ble Dr. Justice B.S. Chauhan as Chairman of the Tribunal. Notification for the appointment of the Chairman of CWDT published on official Gazette. i. Tribunal after joining of the new Chairman heard the matter under section 5(3) of the Act on 15.7.2014 and directed the Party state to approach Hon’ble SC for the direction to allow the Tribunal to resume hearing in the matter. j. Presently following matter of the Cauvery Tribunal are in the Ministry ¾ The matter of revival of Tribunal post is under consideration in the Ministry in consultation with MoF.

13 ¾ Permission for Arbitration work to the Hon’ble Chairman, CWDT under consideration in the office of Hon’ble Minister.

(ii) Krishna Water Disputes Tribunal (KWDT) -II a. As per KWDT-I award, at any time after the 31st May 2000, the Order of KWDT-I may be reviewed. b. The KWDT-II was constituted vide notification dated 2nd April, 2004 to review the allocations made by KWDT-I. c. The Tribunal has given its report and decision under section 5(2) of the Act on 30.12.2010. d. On the Special Leave Petition SLP (Civil) No. 10498/2011 filed by State of Andhra Pradesh, the Supreme Court in its order dated 16/9/2011, has directed that till further order, decision taken by the Tribunal on references filed by States and Central Government shall not be published in the official Gazette. e. As such, matter is sub-judice. f. Tribunal has given further report under section 5(3) of the Act on 29.11.2013. g. In the recent development, on 1.3.2014 the Andhra Pradesh Reorganisation Act, 2014 (No.6 of 2014) was notified. h. Section 89 of the Act refers to KWDT – II, and states that – “(1) The term of the Krishna Water Disputes Tribunal shall be extended with the following terms of reference, namely:- a. shall make project-wise specific allocation, if such allocation have not been made by a Tribunal constituted under the Inter-State River Water Disputes Act, 1956; b. (b) shall determine an operational protocol for project-wise release of water in the event of deficit flows”. i. This Ministry vide its notification dated 15.5.2014 extended the tenure of the Tribunal for two years or until further order whichever is earlier with effect from 1.8.2014 in exercise of the powers conferred by the sub Section 3 of Section 5 of the ISRWD Act, 1956 so as to address the

14 Terms of Reference (TOR) specified in clauses (a) and (b) of the Section 89 of Andhra Pradesh Reorganisation Act, 2014 (6 of 2014). j. Tribunal has take up further hearing in the matter under Section 5(3). In the hearing dated 7.1.2015 in KWDT-II, the Tribunal has framed the issues for hearing under section 89 of the AP Reorganisation Act, 2014.

(iii) Vansadhara Water Disputes Tribunal (VWDT)

a. Vansadhara Water Disputes Tribunal was constituted by Central Government vide Notification dated 24th February, 2010 to adjudicate water dispute on inter-State river Vansadhara between States of Andhra Pradesh & Odisha. b. Report and decision not given by the Tribunal. c. State of Odisha has filed an SLP in Supreme Court against the appointment of Justice Sri Ghulam Mohammad, Member of the Tribunal. As such matter is sub-judice. d. In an IA no. 7 & 8 of 2013 in WP(c) 443 of 2006 filed by the party States in the Supreme Court for allotment of official residence to Hon’ble Chairman & 2 other Members of the Tribunal and to reckon the date of the constitution of the said Tribunal as 17th Sep,2012 instead of 24th Feb, 2010. e. The Supreme Court on dated 11.11.2013 ordered Ministry of Urban Development (MoUD) to allot official residence to Hon’ble Chairman & 2 other Members of the Tribunal. Same has been allotted. f. Supreme Court on 13.12.2014 also ordered that the effective date of the constitution of the said Tribunal may be considered as 17.09.2012. The same has been notified vide Notification dated 14th March,2014. g. The hearing in the matter under section 5(2) is in progress in the Tribunal.

(iv) Mahadayi Water Disputes Tribunal (MWDT) a. Mahadayi Water Disputes Tribunal was constituted by Central Government vide Notification dated 16.11.2010 to adjudicated water dispute on inter-State river Mahadayi between States of Goa, Karnataka and Maharashtra. 15 b. Hon’ble Supreme Court heard the matter under OS 4 of 2006 on 5.12.2012 and passed an order to MoUD to immediately allot the official residences to Chairman/Members of the Tribunal. c. In compliance, the Directorate of Estates, MoUD has allotted bungalow to Chairman/Members of the Tribunals at New Delhi. d. The work of the Tribunal is in progress.

(v) Ravi & Beas Waters Tribunal (RBWT)

a. The water dispute related to Ravi & Beas was referred to the Ravi & Beas Waters Tribunal (RBWT) in April, 1986 to adjudicate the water dispute between Punjab, Haryana and Rajasthan. b. RBWT submitted its report on 30.1.1987 under section 5(2) of the Act. c. Party States and Central Government have sought explanation/guidance under section 5(3) of the Act from the Tribunal in August 1987. d. State of Punjab enacted Punjab termination of Agreements Act, 2004 on 12.7.2004 terminating all agreements related to Ravi-Beas water. e. A Presidential Reference on the constitutionality of the above Act was made on 22.7.2004 to the Hon’ble Supreme Court. f. The case is pending disposal before Hon’ble Supreme Court. g. Tribunal not functional. The office of the Tribunal exists at East Block, R. K. Puram, New Delhi. h. The post of Chairman and the one Member is vacant since 30th December, 2010, the day of said demise of Hon’ble Chairman Justice Late Sh. V. Bala Krishna Eradi. On the same day i.e. 30th December, 2010, Hon’ble Member Justice Sh. P.C. Balakrishna Menon also resigned from the Tribunal. i. The lone Hon’ble Member, R&BWT in position is Justice Sh. M.Y. Eqbal, the then Judge of Hon’ble Jharkhand High Court at the time of their nomination in the Tribunal, in year 2003, now elevated to Judge Hon’ble Supreme Court. j. Matter of the continuation of the post of the Tribunal is under process in consultation with the Ministry of Finance.

16 6. Ganga Management Board 1) In hearing dated 29.6.2009 of Writ Petition (PIL) No. 2 of 2009 the Hon’ble High Court of Uttrakhand, quashed the notification dated 7.11.2000 of MOWR and directed Govt. of U.P. to handover possession & properties covered under notification dated 7.11.2000 to the Govt. of Uttrakhand. 2) The Central Govt. has filed a Special Leave Petition No 26359/2009 in the Hon’ble Supreme Court against the said order of the Hon’ble High Court of Uttrakhand as it would adversely affect the regulation and supply of water to UP. The Govt. of Uttar Pradesh also filed a SLP no. 17826/2009 in the Hon’ble Supreme Court against the order of Uttrakhand High Court dated 29.06.2009. The matter was heard on 10.8.2009 and Hon’ble Supreme Court has stayed the implementation of Uttrakhand High Court order dated 29.6.2009. 3) Supreme Court vide their order dated 18.10.2012 desired that ‘’ both the Governments be invited by Central Government and a recourse may be taken wherein some agreement may be reached.’’ Accordingly, a meeting held on 26th December, 2012 to discuss GMB Notification wherein broad consensus reached on the issue. 4) In consultation with Ministry of Law & Justice the draft notification for constitution of GMB was prepared and circulated to party states and concerned Central Ministries for their comments, if any, vide letter dated 20.06.2013. 5) In the mean time Hon’ble Supreme Court heard the matter on 12.09.2013 and disposed of both the SLPs (26359/2009 of UoI and 17826/2009 of UP Govt) with the direction that; a. We dispose of these special leave petitions with liberty to the parties, if they so desire, to get the dispute (s) resolved by filing an appropriate civil suit before appropriate forum. b. This Court vide order dated 28.07.2009, had granted "status quo" order as on that date. The interim order so granted shall continue till the matter is finally decided by the Central Government. We hope and trust that the Central Government will decide the dispute between the parties as expeditiously as possible. 6) In compliance to Hon’ble Supreme Court order, Secretary (WR) convened the meeting with the party States on 20th November, 2013 wherein broad consensus emerged on the constitution of GMB and on the issue of transfer of certain 17 Canals. It was agreed that the respective State will convey the approval of its Governments on the issues on which consensus emerged in the meeting. Ministry is perusing the matter and DO from Hon’ble Minister (WR) has also been sent to the Chief Ministers of the UP and Uttarakhand. The DO have also been sent from the Secretary (WR) to the Chief Secretaries of both the States time to time. The response in the matter is awaited from States.

18 8. Status cum progress of various proposals relating to inter-linking of rivers 8.1 National Perspective Plan (Interlinking of Rivers) The Ministry of Water Resources (MoWR) (erstwhile Ministry of Irrigation) formulated a National Perspective Plan (NPP) for Water Resources Development in 1980 envisaging inter-basin transfer of water from surplus basins to deficit basins/areas which comprises of two components, namely, Himalayan Rivers Development Component and Peninsular Rivers Development Component. National Water Development Agency (NWDA) was set up under the MoWR in 1982 for carrying out various technical studies to establish the feasibility of the proposals of NPP and to give concrete shape to it. NWDA has identified 30 links (16 under Peninsular Component & 14 under Himalayan Component for preparation of Feasibility Reports (FRs). Out of these, Feasibility Reports (FRs) of 14 links under Peninsular Component and FRs of 2 links (Indian portion) under Himalayan Component has been prepared. The status of preparation of Feasibility Reports/Detailed Project Reports and details of benefits envisaged in respect of both Peninsular and Himalayan Components are given at Annex-IA.

8.2 Total Benefits from National Perspective Plan

The implementation of National Perspective Plan would give benefits of 25 million ha of irrigation from surface water, 10 million ha by increased use of ground water, raising the ultimate irrigation potential from 140 million ha to 175 million ha and generation of 34000 MW of power, apart from the incidental benefits of flood control, navigation, water supply, fisheries, salinity and pollution control etc.

8.3 Establishment of NWDA and its functions The National Water Development Agency was set up on 17th July 1982 by the Government of India as a Society under Societies Registration Act 1860 under the Ministry of Water Resources to study the feasibility of the links under Peninsular Component of National Perspective Plan. NWDA is fully funded by the Government of India. Subsequently in 1990, NWDA Society

19 resolved to take up the studies of the Himalayan Component also. Further, on 28th June, 2006 preparation of Detailed Project report (DPR) of link projects and pre-feasibility/ feasibility reports of intra-State links as proposed by States were also included in the functions of NWDA. Accordingly, MoWR vide resolution dated 30.11.2006 has modified the functions of NWDA Society. The functions of NWDA were further modified vide MoWR resolution dated 19.5.2011 to undertake the work of preparation of DPRs of intra-State links also by NWDA.

8.4 Present Status of Works and achievements of National Water Development Agency

8.4.1 Under National Perspective Plan, NWDA has completed various water balance studies of basins/sub-basins and catchments up to diversion points, toposheet studies of reservoirs and link alignments, storage capacity studies of reservoirs, pre-feasibility studies and feasibility studies. Based upon these studies NWDA has identified 30 links, 16 under Peninsular component and 14 under Himalayan component for preparation of Feasibility Reports. Details of the Studies completed are given below.

Studies /Reports Completed by NWDA under NPP Sl.No Particulars Peninsular Himalayan Total Component Component

1. Water balance studies of 137 -- 137 basins/sub-basins 2. Water balance studies of 52 19 71 diversion points 3. Toposheet and storage capacity 58 16 74 studies of reservoir 4. Toposheet studies of link 18 19 37 alignment 5. Prefeasibility reports (PFR) 18 14 32

6. Surveys and Investigations and 14 2 16 Preparation of Feasibility (Indian Portion) Reports (FR) of specific links

20 8.4.2 Detailed Project Report of Links under NPP

After getting the mandate in June 2006 and the consensus building efforts by the Consensus Group headed by Chairman, CWC, NWDA with the concurrence of the concerned States took up the preparation of Detailed Project Report of the agreed links. The DPR for Ken-Betwa Link Project Phase-I &II and Damanganga-Pinjal have been completed. Whereas, the DPR for Par-Tapi- Narmada Links is under progress.

8.4.3 Priority Links under NPP :

The status of Detailed Project Report of various links has been reviewed by the Hon’ble Minister (Water Resources) and it has been decided to complete Detailed Project Reports of the above link projects under National Perspective Plan (NPP) on priority. Status of preparation of Detailed Project Reports for the above is given below.

Status of preparation of Detailed Project Reports for Inter Basin Water Transfer Links of NPP Sl. Name of Rivers States Status No. Link/Project concerned 1 Ken-Betwa Ken & Betwa Uttar Pradesh DPR of Phase-I project has been (Phase-I) and Madhya completed & is under appraisal in Pradesh CWC. The issues related to Environment, Forests and Wildlife clearances are being actively resolved with the Ministry of Environment and Forest.

2. Ken-Betwa Ken & Betwa Uttar Pradesh DPR has been completed and (Phase-II) and Madhya submitted to Government of Pradesh Madhya Pradesh and Uttar Pradesh vide NWDA letter dated January 17, 2014.

3 Damanganga- Damanganga Gujarat & DPR has been completed in Pinjal & Pinjal Maharashtra March, 2014 and sent to Govt. of Maharashtra and Gujarat on 09.04.2014.

4 Par-Tapi- Par, Tapi & Gujarat & DPR is under progress and Narmada Narmada Maharashtra scheduled to be completed by March, 2015.

21

It may be mentioned here that a link project under NPP namely Polavaram- Vijayawada link Project which totally falls in the State of Andhra Pradesh is being implemented by Govt. of Andhra Pradesh under AIBP funding.

8.4.4 Priority Links under Intra-State Links identified by States from 2006 onwards

Preparation of Pre Feasibility/ Feasibility reports of intra-state links proposed by States were included in the functions of National Water Development Agency (NWDA) in November, 2006 in consultation with the State Governments. So far, NWDA has received 46 proposals of Intra-State links from 9 States viz. Maharashtra, Gujarat, Jharkhand, Orissa, Bihar, Rajasthan, Tamil Nadu, Karnataka and . Out of these, Pre-Feasibility Reports (PFRs) of 33 intra-State links have been completed by NWDA up to July, 2014. The DPRs for two intra-State links of Bihar have been completed and submitted to Water Resources Department, Government of Bihar. Detailed status of PFR of these links is given at Annex-IV. The preparation of DPRs of 3 intra-State Links, one each of Maharashtra, Tamil Nadu and Jharkhand have been taken up. The details/Status of Preparation of DPR of the above Links are given below

Details/Status of preparation of DPR for Intra-State Links

Sl. Name of link Rivers States Status No. concerned 1 Burhi Gandak –Noon – Burhi Gandak Bihar DPR has been Baya –Ganga link and Ganga completed and submitted to Government of Bihar vide NWDA letter dated December 30, 2013. 2 Kosi–Mechi Link Kosi and Mechi Bihar DPR has been completed and sent to Govt. of Bihar vide NWDA letter dated April 02, 2014.

22 3. Ponnnaiyar–Palar link Ponnnaiyar and Tamil Nadu DPR is under progress Palar and scheduled to be completed by July, 2015. 4 Wainganga (Gosikurd) – Wainganga and Maharashtra DPR is under progress Nalganga (Purna Tapi) Purna Tapi and scheduled to be link completed by March, 2015. 5 Barkar-Damodar- Barkar, Jharkhand DPR taken up in April, Subernarekha Link Damodar and 2014 and scheduled to Subernarekha be completed by March, 2017.

8.5 Constraints in Implementation

Implementation of Inter linking of Rivers (ILR) projects involves various steps such as preparation of Feasibility Reports (FRs) of links, negotiation and consensus among concerned States, agreement with neighbouring countries if link involves area lying in those countries, preparation of DPRs of the projects and structures identified for the link, clearance from appraisal agencies which includes clearance by Ministry of Environment & Forests (MoEF) and Ministry of Tribal Affairs (MoTA), techno-economic clearance by Technical Advisory Committee of Ministry of Water Resources and investment clearance by Planning Commission. Thereafter, the project is to be implemented by the concerned State Govt. either through their State plan funds or by taking financial assistance from the Central Government under its plan scheme like AIBP or other funding agencies. At present Ken-Betwa Link Project Phase-I has been declared as National Project and is eligible for 90% Central Assistance under AIBP. As per mandate of NWDA, preparation of DPR of river inter-linking projects can only be taken up after consensus among the concerned State Governments and signing of a Memorandum of Understanding (MoU) in this regard. So far only the consensus/MoU of the concerned States in respect of Ken-Betwa (Phase-I & II), Damanganga-Pinjal and Par-Tapi-Narmada link projects have been achieved. Efforts are being made for arriving at consensus for other links. In this regard, a consensus group under the Chairmanship of Chairman, Central Water Commission has been constituted for evolving consensus among the concerned State Governments for preparation of DPR of river inter-linking projects.

23 It is proposed to constitute a Sub-Committee under the Special Committee for Inter linking of Rivers, for consensus building through negotiations and arriving at agreements between the concerned States for sharing of surplus waters in river basins/sub-basins.

24 Annex-IA Present status of Inter Basin Water Transfer Links under NPP

Benefits Envisaged S. Name of Link States involved States Benefited Annual Domestic & Hydro Status No Irrigation Industrial power (Lakh ha) Use (Mm3) (MW) I Peninsular Component 1 (Manibhadra) - Orissa, Chattisgargh, MP, Orissa & Andhra 0.91+3.52 = 802 445 Feasibility Godavari Maharastra & Pradesh 4.43 Report (Dowlaiswaram) link Andhra Pradesh Completed 2 Godavari (Inchampalli) - Andhra Pradesh, Andhra Pradesh 6.13 413 -- Feasibility Krishna (Pulichintala) Chattisgargh, MP, Orissa, Report link Karnataka & Maharashtra Completed

3 Godavari (Inchampalli) - Andhra Pradesh, Andhra Pradesh 2.87 237 975 Feasibility Krishna Chattisgargh, MP, Orissa, Report (Nagarjunasagar) link Karnataka & Maharashtra Completed 4 Godavari (Polaravam) - Andhra Pradesh, Andhra Pradesh 5.82 162 -- Feasibility Krishna (Vijayawada) Chattisgargh, MP, Orissa, Report link Karnataka & Maharashtra Completed 5 Krishna (Almatti) – Karnataka, Andhra Pradesh Karnataka & 1.90+0.68 = 56 -- Feasibility Pennar link & Maharashtra Andhra Pradesh 2.58 Report Completed 6 Krishna (Srisailam) – Andhra Pradesh, Andhra Pradesh -- -- 17 Feasibility Pennar link Karnataka, & Maharashtra Report Completed 7 Krishna Karnataka, Andhra Pradesh Andhra Pradesh 5.81 124 90 Feasibility (Nagarjunasagar) - & Maharashtra Report Pennar (Somasila ) link Completed 8 Pennar (Somasila) - Kerala, Tamil Nadu, Andhra Pradesh, 0.49+4.36 + 1105 -- Feasibility Cauvery (Grand Anicut) Karnataka, Puducherry & Tamil Nadu & 0.06 = 4.91 Report link Andhra Pradesh Puducherry Completed

25 Annex-I A(Contd.) Benefits Envisaged S. Name of Link States involved States Annual Domestic & Hydro Status No Benefited Irrigation (Lakh Industrial power ha) Use (Mm3) (MW) 9 Cauvery (Kattalai) - Kerala, Tamilnadu, Tamilnadu 3.38 185 -- Feasibility Vaigai -Gundar link Karnataka, Report Puducherry & Andhra Completed Pradesh 10 Ken-Betwa link (As per Madhya Pradesh & Madhya 2.66 + 3.69 =6.35 49 78 FR Completed DPR) Uttar Pradesh Pradesh & DPR Phase-I & Uttar Phase-II Pradesh Completed. 11 Parbati -Kalisindh- - Madhya Pradesh & Madhya & *Alt.I: 2.05+0.25 = 13.2 -- Feasibility Chambal link Rajasthan Pradesh, 2.30 (Alt.II: Report Rajasthan 1.77 + 0.43 = 2.20) Completed 12 Par-Tapi-Narmada link Maharashtra & Gujarat 1.69 -- 32.50 FR Completed Gujarat DPR under progress 13 Damanganga - Pinjal link Maharashtra & Maharashtra -- 909 -- FR Completed Gujarat DPR under progress 14 Bedti - Varda link Karnataka Karnataka 0.60 -- 4 Pre feasibility Report Completed 15 Netravati – Hemavati Karnatka Karnatka 0.34 -- -- Pre feasibility link Report Completed 16 Pamba - Achankovil - Tamilnadu & Kerala Tamilnadu 0.91 -- 508 Feasibility Vaippar link Report Completed

26 Annex-IA (Contd.)

Benefits Envisaged S. Name of Link States involved States Benefited Annual Domestic & Hydro Status No Irrigation Industrial power (Lakh ha) Use (Mm3) (MW) II. Himalayan Component 1. Brahmaputra- Assam, Bihar, West Assam, West 2.08 + 1.82 -- 5287 Survey & Ganga(MSTG) Bangal & Bhutan Bangal, Bihar& + 2.64 = Investigation (S&I) Bhutan 6.54 work taken up 2. Kosi-Ghaghara link Bihar, Uttar Pradesh Bihar, Uttar 8.17+ 0.67 + 48 -- Survey & & Nepal Pradesh & Nepal 1.74(Nepal) Investigation (S&I) = 10.58 work taken up 3. Gandak-Ganga link Uttar Pradesh & Uttar Pradesh & 37.99+ 700 -- Survey & Nepal Nepal 2.41(Nepal) Investigation (S&I) = 40.40 work completed 4. Ghaghara-Yamuna link Uttar Pradesh & Uttar Pradesh & 25.30+ 1391 10884 FR completed Nepal Nepal 1.35(Nepal) (for Indian portion) =26.65 5. Sarda-Yamuna link Uttar Pradesh , Uttar Pradesh, 3.45 + 0.30 = 6250 3600 FR completed Uttarakhand, NCR of Uttarakhand & 3.75 (for Indian portion) Delhi & Nepal NCR of Delhi 6. Yamuna-Rajasthan link Haryana & Rajasthan Haryana & 0.435+ 2.442 57 -- Survey & Rajasthan = 2.877 Investigation (S&I) work completed 7. Rajasthan-Sabarmati link Rajasthan & Gujarat Rajasthan & 5.35 + 2.04 = 282 -- Survey & Gujarat 7.39 Investigation (S&I) work completed 8. Chunar-Sone Barrage Bihar & UP Bihar & UP 0.30 + 0.37= -- -- Survey & link 0.67 Investigation (S&I) work completed

27 Annex-IA (Contd.)

S. Name of Link States involved States Benefited Benefits Envisaged Status No Annual Domestic & Hydro Irrigation Industrial power (Lakh ha) Use (Mm3) (MW) 9. Sone Dam - Southern Bihar & Jharkhand Bihar & 2.99 + 360 95 Survey & Tributaries of Ganga link Jharkhand 0.08=3.07 Investigation (S&I) work taken up 10. Ganga -Damodar- West Bengal, West Bengal, 7.63+0.30+ 484 -- Survey & Subernarekha link Jharkhand & Orissa Jharkhand & 0.55= 8.47 Investigation (S&I) Orissa work completed 11. Subernarekha-Mahanadi West Bengal & Orissa West Bengal & 0.18 + 0.365 -- 9 Survey & link Orissa = 0.545 Investigation (S&I) work completed 12. Kosi-Mechi Bihar & Nepal Bihar & Nepal 2.99 + 1.75 24 3180 Entirely lies in (Nepal) = Nepal 4.74 13. Farakka-Sunderbans link West Bengal West Bengal 1.50 184 -- Survey & Investigation (S&I) work completed 14. Brahmaputra-Ganga Assam, West Bengal Assam, West ---- 216 1115 Survey & (JTF) (ALT) & Bihar Bengal & Bihar Investigation (S&I) work taken up

FR -- Feasibility Report PFR – Pre feasibility Report DPR – Detailed Project Report S&I - - Survey and Investigation

28 Annex-IIA

Status of Intra – State link proposals received from the State Governments

S. Name of intra-State link Present status No. A Maharashtra 1. Wainganga (Goshikurd) – Nalganga (Purna Tapi) Pre feasibility Report Completed, DPR Under [Wainganga – Western & Pranhita – progress Wardha links merged and extended through Kanhan – Wardha link] 2. Wainganga – Manjra Valley Completed (Not found feasible) 3. Upper Krishna – Bhima (system of Six links) Completed 4. Upper Ghat – Godavari Valley (Damanganga Completed (Ekdare)- Godavari Valley) 5. Upper Vaitarna – Godavari Valley Completed 6. North Konkan – Godavari Valley Completed 7. Koyna – Mumbai city Completed 8. (Godavari) – Purna – Manjira Under Progress 9. Wainganga (Goshikurd) – Godavari (SRSP) Withdrawn by Govt. of Maharashtra 10. Middle Konkan – Bhima Valley Under Progress 11. Koyna – Nira Completed 12. Mulsi – Bhima Completed 13. Savithri – Bhima Under Progress 14. Kolhapur – Sangli – Sangola Completed 15. Riverlinking projects of Tapi basin and Jalgaon Under Progress District 16. Nar – Par - Girna valley Completed 17. Narmada – Tapi Under Progress 18. Khariagutta – Navatha Satpura foot hills to be taken up 19. Kharia Ghuti Ghat – Tapi to be taken up 20. Jigaon – Tapi – Godavari Valley Under Progress B Gujarat 21. Damanganga – Sabarmati – Chorwad Completed C Orissa 22. Mahanadi – Brahmani Completed 23. Mahanadi – Rushikulya (Barmul Project) Completed 24. Vamsadhara – Rushikulya (Nandini Nalla project) Completed D Jharkhand 25. South Koel – Subernarekha Completed 26. Sankh – South Koel Completed 27. Barkar – Damodar – Subernarekha Completed

29 Annex-IIA (Contd.)

S. Name of intra-State link Present Status No. E Bihar 28. Kosi – Mechi [entirely lie in India] Pre feasibility Report Completed, Detailed Project Report Under progress 29. Barh – Nawada Completed 30. Kohra – Chandravat (now Kohra-Lalbegi) Completed 31. Burhi Gandak – None – Baya – Ganga Pre feasibility Report Completed, Detailed Project Report Completed. 32. Bagmati [Belwadhar] – Burhi Gandak Completed 33. Kosi – Ganga Completed F Rajasthan 34. Mahi – Luni link Completed 35. Wakal – Sabarmati – Sei – West Banas – Kameri link Completed G Tamil Nadu 36. Ponnaiyar – Palar link Pre feasibility Report Completed, Detailed Project Report Under progress

FR -- Feasibility Report PFR – Pre feasibility Report DPR – Detailed Project Report

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9.0 Special Committee for Inter Linking of River The Hon’ble Supreme Court in the matter of Writ Petition (Civil) No. 512 of 2002 “In Re: Networking of Rivers” along with Writ Petition (Civil) No. 668 of 2002 delivered a judgment dated 27.2.2012. The Hon’ble Supreme Court inter-alia directed vide Para 63 and 64 that an appropriate body should be created to plan, construct and implement the inter linking of rivers programme for the benefit of the nation as a whole. 9.2 Para 63 reads as under: “We would recommend, with all the judicial authority at our command, that these projects are in the national interest, as is the unanimous view of all experts, most State Governments and particularly, the Central Government. But this Court may not be a very appropriate forum for planning and implementation of such a programme having wide national dimensions and ramifications. It will not only be desirable, but also inevitable that an appropriate body should be created to plan, construct and implement this inter linking of rivers program for the benefit of the nation as a whole”. 9.3 Further Hon’ble Supreme Court vide Para 64 of judgment, directed the Union of India and particularly the Ministry of Water Resources, Government of India to constitute forthwith a Committee to be called a “Special Committee for Inter- Linking of Rivers” under the Chairmanship of Hon’ble Minister for Water Resources”. 9.4 Follow up action on the judgment The judgment of Hon’ble Supreme Court dated 27.2.2012 was received by Ministry of Water Resources (MoWR) on 20th March 2012. Ministry of Law & Justice vide their ID Note no. FTS No. 925/2012-LS dated 23.03.2012 forwarded a copy of the same Supreme Court Order dated 27.02.2012 to Prime Minister Office (PMO) which was subsequently forwarded by the PMO vide their ID No. 450/58/1/2012-ES- II dated 29.03.2012 to Ministry of Water Resources for taking necessary action and to keep informed the PMO on the matter. Accordingly, status was submitted to PMO from time to time. MoWR felt that clarification and/or review was required to be obtained from the Hon’ble Supreme Court for implementing the said judgment and referred the matter to the Ministry of Law and Justice on 29th March, 2012. Ministry of Law and Justice vide their communication dated 16th May 2012 conveyed the advice of the learned Additional Solicitor General, Shri Mohan Parasaran for filing a 31 Comprehensive Review Petition in the Supreme Court echoing the views of the Government of India and other State Governments. 9.5 Review Petition Accordingly, Ministry of Water Resources submitted a Review Petition in the matter before the Hon’ble Supreme Court. However, Hon’ble Supreme Court vide its order dated 25th September, 2012 declined permission to file the review petition and accordingly dismissed it. 9.6 Constitution of the Special Committee The Special Committee for the Interlinking of Rivers had been constituted by the Ministry of Water Resources and the Note dated 25.11.2013 of Ministry of Water Resources was considered by the Cabinet in its meeting held on 02.1.2014 as Cabinet item No. 4 wherein it was decided that the matter may, in the first instance, be considered by a Group of Ministers (GoM) comprising the Minister of Finance, Minister of Communications and Information Technology, Minister of Law and Justice and Minister of Water resources 9.7 Cabinet Secretariat vide their letter dated 08.01.2014 constituted GOM with the direction that GOM will be serviced by the Ministry of Water Resources. The note on the matter is sent to the Members of the GoM for consideration. 9.8 No meeting of GoM had held. 9.9 Cabinet Secretariat, after the new Government sworn in, has been communicated vide on 2nd Jun, 2014 that Ministry proposes to approach cabinet afresh with the Apex Court order and also to seek approval for slight modification in the Apex Court order. 9.10 In view of change in Government, Consultations with Ministry of Environment, Ministry of Finance (D/o Expenditure), Ministry of Law (D/o Legal Affairs) and Planning Commission on the proposal have been undertaken afresh. 9.11 A final Note for the Cabinet was sent by the Ministry of Water Resources, River Development and Ganga Rejuvenation on 16.07.2014 for placing the same to the Cabinet Committee for consideration. The Note provided the status and progress of works on the inter-linking of rivers for information of the newly constituted Union Cabinet. It also proposed approaching the Hon’ble Supreme Court for modification of the order dated 27.02.2012, seeking for Hon’ble Minister of State (Water Resources) to preside over the meeting of the Special Committee for Inter linking of Rivers in the absence of Hon’ble Minister of Water Resources, River Development and Ganga rejuvenation in place of Secretary, Water Resources as mentioned in the Hon’ble Supreme Court order dated 27.02.2012. 32 9.12 The proposal contained in the above-said Note for the Cabinet dated 16.07.2014 was reviewed and approved by the Cabinet Committee on 24.07.2014. Following the approval of the Cabinet Committee, Ministry of Water Resources, River Development and Ganga rejuvenation has constituted the committee, called ‘Special Committee for Inter-Linking of Rivers’ vide Notification dated 23.09.2014 in Official Gazette. The first and second meeting of the Special Committee for inter Linking of Rivers Chaired by Hon’ble Union Minister has also been held on 17.10.2014 and 6.1.2015. 9.13 A contempt for non compliance of the Order of the Hon’ble Supreme Court on ILR against Shri Alok Rawat, the then Secretary (WR) was heard in the Hon’ble Supreme Court on 27.10.2014 wherein based on the progress on compliance of the Hon’ble Supreme Court Order as was filed in the Counter Affidavit from the Ministry, the Court has vacated the contempt.

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