By Our Correspondent
NEW DELHI/BHUBANESWAR: Ministry of Jal Shakti ( Department of Water Resources ), (River Development and Ganga Rejuvenation ) in a notification S.O. 1858(E) dated April 10, extended the tenure of Mahanadi Tribunal up to January 13, 2027.
‘Now, therefore, in exercise of powers conferred by the proviso to sub-section (2) of section 5 of the said Act, the Central Government hereby extends the period of submission of report and decision by Mahanadi Water Disputes Tribunal for a period of nine months with effect from the 14th April, 2026, that is, on or before the 13th January, 2027, or till the submission of report and decision under sub-section(2) of section 5 of the said Act, whichever is earlier,’ it said.
Ministry said “ Whereas, the Mahanadi Water Disputes Tribunal (hereinafter referred to as the said Tribunal) was constituted on the 12th March, 2018 vide notification of the Government of India in the Ministry of Water Resources, River Development and Ganga Rejuvenation number S.O. 1114(E), dated the 12th March, 2018, in exercise of the powers conferred by section 4 of the Inter-State River Water Disputes Act, 1956 (33 of 1956) (hereinafter referredto as the said Act), for the adjudication of water disputes regarding inter-State river Mahanadi and river valley thereof;And whereas, the said Tribunal was required to submit its report and decision as required under sub-section (2)of section 5 of the said Act within a period of three years, that is, on or before the 11th March, 2021; And whereas, due to unavoidable reasons, the said Tribunal could not submit its report within the said period
of three years; And whereas, the said Tribunal requested the Central Government to extend the said period for submission of report and decision thereon; And whereas, the Central Government vide notification number S.O. 2176 (E), dated the 3rd June, 2021,
extended the period for submission of report and decision thereon by the said Tribunal for a period of two years upto the 11th March, 2023 or till the submission of report and decision under sub-section (2) of section 5 of the said Act, whichever is earlier.
And whereas, the said Tribunal requested the Central Government to consider the date of holding the first regular hearing by the said Tribunal, that is, the 14th December, 2019 as the effective date of setting up of the Tribunal for the purposes of sub-section (2) of section 5 of the said Act.
And whereas, the said Tribunal also requested the Central Government to consider the period from March 2020 to June 2021 due to COVID-19 pandemic, as non-functioning and embellishing period for the Tribunal.
And whereas, the Central Government, having regard to the direction given by the Hon’ble Supreme Court in similar matters, decided that the effective date of constitution of the said Tribunal shall be the 14th December, 2019 and period from March, 2020 to June, 2021 (sixteen months) shall be treated as non- functional and embellishing period for the said Tribunal due to unavoidable reasons and the three-year period which was allocated under sub-section (2) of section 5 of the said Act is deemed to expire on 13th April, 2024;
And whereas, in exercise of the powers conferred under the proviso to sub- section (2) of the section 5 of said Act, the Central Government extended the period of submission of report and decision by the Mahanadi Water Disputes Tribunal for a period of two years with effect from the 14th April, 2024, that is, on or before the 13th April, 2026, or till the submission of report and decision under sub-section (2) of section 5 of the said Act, whichever is earlier;
And whereas, the said Tribunal has also requested the Central Government to consider the period of nine months, consequent upon the resignation of the then Chairman Mr. Justice A.M. Khanwilkar in March, 2024 till the appointment of new Chairperson, as non-functional due to the lack of quorum and requested for extension of time as may deemed appropriate by the Central Government;
