Both Odisha and Chhattisgarh are now focused on resolving the long-standing issue of River Mahanadi dispute through dialogue and mutual cooperation.
The Government of Odisha had filed a complaint dated 19.11.2016 with the then Ministry of Water Resources, River Development and Ganga Rejuvenation (now Ministry of Jal Shakti) under Section 3 of the lnter-State River Water Disputes (ISRWD) Act, 1956 (Rules, 1959). Odisha requested Union Government to constitute a Tribunal under Section 4(1) of the ISRWD Act, 1956 for adjudication of water disputes in respect of river Mahanadi and its basin between the riparian States of Odisha and Chhattisgarh and refer the complaint to the Tribunal under Section 5(1) of the ISRWD Act, 1956.
The Central Government constituted a Negotiation Committee for settlement of the dispute through negotiation. Surprisingly, the then BJD government led by Naveen Patnaik preferred not to appear; as a result of which, the said Committee submitted its report in May, 2017 in which it mentioned that that any further meetings of this Committee would not be fruitful as there had been no participation from complainant State i.e. State of Odisha in the meetings. Accordingly, it was concluded that the dispute cannot be resolved by negotiation.
Subsequently, the Central Government constituted Mahanadi Water Disputes Tribunal vide Notification No 1114 (E) dated 12.03.2018 and reference was made to the Tribunal on 17.04.2018 as per provisions of the Act. The matter is under adjudication before the Tribunal. Further, as per the request of the said Tribunal, the Central Government considered the period from March 2020 to June 2021 due to COVID-19 pandemic, as non-functioning and embellishing period for the Tribunal.
Subsequently, the Central Government, having regard to the direction given by the Hon’ble Supreme Court in similar matters, has 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 is allocated under sub-section (2) of section 5 of the said Act be deemed to expire on 13th April, 2024. The Central Government also 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.
The Govt. of Odisha had represented that Chhattisgarh had started many projects upstream of Hirakud Dam, which would have long term effect on the flow downstream especially during the lean period. The effect of ongoing projects upstream of Hirakud on long term flows downstream in Odisha will result as retain of the major portion of the non-monsoon flow of water and will also affect ecologically sensitive Coastal and delta area of Mahanadi. As such, Govt. of Odisha had urged that the Government of Chhattisgarh should stop work of all ongoing projects for three months.
On the other hand, Chhattisgarh pleaded that 52.9% of the total catchment of Mahanadi and 89.9% of catchment up to Hirakud lies in their State and they had a right to use the water of Mahanadi. Chhattisgarh pointed out that Odisha had also commenced certain major and medium projects without informing them as the upper riparian State.
In view of above, Ministry of Water Resource, RD & GR has convened two meetings viz. 29.7.2016 and 17.09.2016 to consider various water resources issues in Mahanadi Basin. In the meeting held on 17.09.2016 under the Chairmanship of Hon’ble Minister for WR, RD & GR with Chief Ministers of Odisha and Chhattisgarh and certain decisions were taken. First was ‘Special Committee’ will be formed to list out the water resources projects in Odisha and Chhattisgarh, under construction without the approval of Technical Advisory Committee (TAC) of the Ministry under chairmanship of Dr. Amarjit Singh. Second was formation of an ‘Expert Committee’ with the representatives of CWC, Government of Odisha and Chhattisgarh.
While, government of Chhattisgarh shared information with respect to ongoing projects, Odisha referred the matter under Inter-State River Water Dispute Act, 1956 for adjudication. Hence, the Ministry constituted a Negotiation Committee as per ISRWD, Act, 1956 vide letter dated 19th January, 2017.
Jal Purush fame Dr. Rajendra Singh, who is a renowned river rejuvenator and environmentalist has said that the triple-engine sarkar now has no excuse to drag the dispute any further. Since Odisha Chief Minister Mohan Charan Majhi has discussed the issue twice with his Chhattisgarh counterpart Vishnu Deo Sai, the outcome of both the meetings and discussions be made public. He has advised that the Odisha government should formulate a river policy to protect the interests of the state. The policy should ensure that there is no encroachment on river land and industrial waste is not to be released into rivers. Voicing concern over Mahanadi river drying up on the Odisha side, Singh said the same fate awaits other rivers including Baitarani if immediate steps are not taken by the Odisha government.
In a significant development regarding the Mahanadi water-sharing dispute, Odisha Chief Minister Mohan Majhi held discussions with his Chhattisgarh counterpart Vishnu Deo Sai at Lok Seva Bhawan in Bhubaneswar, on March 22. The meeting, described as ‘positive’, focused on resolving the long-standing issue through mutual cooperation rather than legal intervention.
Odisha CM Majhi stated that a proposal was put forward to work under the ‘triple-engine government’ model, bypassing court proceedings, to which his Chhattisgarh counterpart agreed. Since BJP has government at Centre, in Odisha and Chhattisgarh, discussion about the long-standing Mahanadi water-sharing dispute can be resolved through dialogue. We have to remain hopeful that it will be resolved through mutual cooperation.
Further discussions will be held at the secretary level, followed by ministerial-level talks to finalise the action plan. Majhi emphasised the need for an amicable resolution and assured that the Central government’s intervention would help resolve disputes between the states. It is a significant step toward cooperation between the two states.
