JUDGEMENT
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(1.)The Petitioner, describing himself as the President of the River, Kharasrotta Mahasava, located in Kendrapara in Odisha, has filed this Public Interest Litigation (PIL) questioning the construction of dams and barrages on the tributaries of river Brahmani in the State of Jharkhand, which according to the Petitioner, has severely reduced the Brahmani-Kharasrota water flow, thereby depriving the people of six districts of their livelihood. The Petitioner has relied on a newspaper report of 11/8/2016 in this regard. Apart from making the State of Odisha and State of Jharkhand as Opposite Party Nos.3 and 4 to the petition, the Petitioner has also impleaded the Union of India, Water Resources Department and the Central Water Resources Commissioner, New Delhi as Opposite Party Nos. 1 and 2 respectively.
(2.)Pursuant to the notice issued in the present petition on 17/4/2017 a counter affidavit was filed on behalf of Opposite Party Nos.1 and 2 on 30/8/2017 stating inter alia that under Sec. 3 of the Inter State River Water Disputes Act, 1956 ('Act') it is only the State Government, which is competent to make a request to the Central Government to refer a water dispute to the Tribunal for adjudication. It is pointed out that Article 262 of the Constitution provides for the making of law by Parliament for adjudication of disputes concerning the use, distribution or control of waters of any inter-state river. It is pointed out that the subject matter of the dispute falls within the description of 'water dispute' in terms of Sec. 3 of the Act. It is further pointed out that the river Brahmani which is known as South Koel river in the upper reaches, originates near the Nagri village in Ranchi District of Jharkhand and its principal tributaries are Sankh, Tikra and Karo.
(3.)Neither the State of Odisha nor the State of Jharkhand (Opposite Party Nos. 3 and 4) has filed replies to the petition.
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