The Bombay high court on Friday held that water flowing through river or accumulated in reservoirs was the property of the state government and being a trustee, it should distribute water equitably be
The Bombay high court on Friday held that water flowing through river or accumulated in reservoirs was the property of the state government and being a trustee, it should distribute water equitably because equal distribution may not help.
The division bench of Justice A.S. Oka and Justice G.S. Kulkarni passed a detailed judgment on a bunch of petitions and PILs raising the issue of equitable distribution of water. The petitions involved the issue of release of water to various parts of Western Maharashtra and Marathwada region and also the issue of release of water from upstream reservoirs in Godavari river sub-basin for the benefit of downstream Jayakwadi Dam.
The bench has also directed the State Water Board (SWB) constituted under the Maharashtra Water Resources Regulatory Authority Act of 2005 to prepare a Draft Integrated State Water Plan within a period of four months.
On the issue of water supply for religious purposes such as Kumbh Mela, especially during scarcity of water, the court has said the water should be supplied as per priority set in the Maharashtra State Water Policy of July 2003, and as per this policy the water supply for religious purpose falls under the last category. The first priority is domestic use for drinking, cooling, hygiene and sanitation needs, including livestock. According to the judges, the state is not entitled to release water from the reservoir for such purposes without adjudication being made by the regulatory authority.
