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Consider linking major rivers by
2012, SC tells Centre

A bench comprising Chief Justice B N Kirpal, Justice Y K Sabharwal and Justice Arijit Pasayat said the task force should work out the modalities for creating a National River Network.

Appearing for the Centre, Attorney General Soli J Sorabjee and advocate Krishnan Venugopal assured the court that the President and prime minister have given their personal attention to the issue.

Sorabjee said the Centre has in principle agreed with the concept, but a major constraint is the huge expenditure involved -- Rs 560,000 crore at current prices.

The Centre in its affidavit stated that it would be able to link the peninsular rivers by the year 2035 and the Himalayan rivers by the year 2043.

However, the bench said the plan is being considered for last two decades, and it would be in the interest of all if the task is completed in the next 10 years.

The bench asked the attorney general to file the Centre's response on December 16, the next date of hearing on the issue.

Apart from the finances involved, the Union government listed three major constraints in completing the project.

It said the states have to agree to the project, as many of them are hesitant thinking it will disturb the orders of the Inter-State River Dispute Tribunal Awards on sharing of waters.

The Union government pointed out that many of the canals will have to pass through national parks and sanctuaries and the Ministry of Environment is not even giving permission for carrying out the initial survey for mapping of these canals, without which the cost calculations cannot not be done.

The other important issue concerning the project is the relief and rehabilitation measures to be taken up by the governments for settlement of the people displaced by the canals, it said.

However, after hearing Ranjit Kumar, amicus curiae in the matter, the bench was of the view that the Union government could effectively implement the project by passing necessary orders under Entry 56 of List I of the Constitution.

Entry 56 states that "regulation and development of inter-state rivers and river valleys to the extent to which such regulation and development under the control of the Union is declared by Parliament by law to be expedient in the public interest".

However, the Centre is of the view that any such law could face opposition in the Rajya Sabha, where the National Democratic Alliance does not have a majority.

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