States differ on linking rivers; SC quotes national interest

NEW DELHI: The ambitious project of the inter-linking of rivers is in national interests and the states opposed to it will not only harm their neighbours but the country as well, the Supreme Court has said.

The court said that the execution of the policy falls within the ambit of the Centre and state governments but under the constitutional provisions, it is empowered to pass an order for completion of the project which is beneficial to the country as a whole.

“We have no hesitation in observing that the national interest must take precedence over the interest of the individual states. State governments are expected to view national problems with a greater objectivity, rationality and spirit of service to the nation and ill-founded objections may result in greater harm, not only to neighbouring states but also to the nation at large,” said a bench comprising Chief Justice SH Kapadia, Justice AK Patnaik and Justice Swatanter Kumar in its judgement on Monday.

Rajasthan, Gujarat and Tamil Nadu have fully supported the project of interlinking of the rivers. Madhya Pradesh has also supported the scheme, but believes that it must be implemented by the central government. Karnataka, Bihar, Punjab and Sikkim have given some qualified approvals.

Their main concern is, with regard to the inter-basin transfer. They say it must involve quid pro quo, as with any other resources, the inter-linking must be from water surplus to water deficit states and in regard to environmental and financial implications. In their affidavits filed in the SC, these states had given their approval to the concept in-principle, but with definite reservations.

They had said that the matters with regard to the environmental and financial implications, socio-economic and international aspects, such as inter-basin water transfer, need to be properly examined at the appropriate levels of the government. For example, all the rivers in Bihar originate from Nepal and it may be necessary or desirable to take consent of neighbouring countries, is a matter which would require consideration of the appropriate authority in the central government, Bihar’s affidavit had said.
According to Punjab, interlinking of rivers should be started only from watersurplus states to states facing water deficit. Kerala has protested to some extent, to the long distance inter-basin water transfer on the basis that the state needs water to supply their intricate network of natural and man-made channels.

Kerala’s stand is that their rivers are monsoon-fed and not perennial in nature. Therefore, it would experience severe water scarcity during summer or off-monsoon months.

Assam and Sikkim have also raised their protests to the project on the grounds that they should have exclusive right to use their water resources and that such transfer should not affect any rights of these states. Sikkim was concerned with particular reference to tapping of the hydro power potential in the state.