THE Supreme Court scheduled the Mhadei (known as Mandovi in Goa) river diversion matter on January 23, 2025. The apex court would hear the special leave petitions filed by the three-riparian states Goa, Karnataka and Maharashtra along with the contempt pleas filed by the coastal state. At the time of writing this, the hearing had not concluded.
For those who are unaware, the Supreme Court always hears appeals but its original jurisdiction (meaning its power to hear original disputes) is limited under Article 131 to only disputes between state governments, or between the Central government on one side and two or more state governments on the opposite side. Questions of law are framed by what is known as Advocates on Record (AoRs).
These are a special class of advocates who have to pass a tough examination before they can frame questions of law of national importance for the Supreme Court to decide. Some state governments like Goa and Maharashtra, ensure that some favoured AoRs are kept permanently on their panels with the consent of the advocate general of the state. Such favoured AoRs earn crores of rupees if they have to draft and file about 10 SLPs every two months. Goa has engaged 20 advocates to assist their AoR and the advocate general Devidas Pangam on the Mhadei dispute.
When these Special Leave Petitions (SLPs) come up for hearing, advocates general of the three different states or the heavyweight senior counsels whom they engage to appear before the judges, get just one minute or two, to explain the questions of law which are to be decided by the judges. The judges then cryptically pronounce: “Dismissed” if they are not convinced that these questions of law are worth spending precious judicial time.

CONTEMPT PETITION
IN 2020, the Goa government filed a contempt petition, against the violations/disobedience of Karnataka, about the final award of the Mahadayi Water Dispute Tribunal (MWDT), Mahadayi being the same as Mhadei river. The three states have also filed special leave petitions, challenging the award of the MWDT of Aug 14, 2018.
The Tillari dam canal lining and repair work will help Goa save 20 percent of water wasted through seepage. The total cost of the project was Rs2,579 crore, and Goa’s share in it was Rs1,465 crore. He mentioned that the Maharashtra government has agreed to increase the storage capacity of the Tillari dam.
The Mahadayi or Mhadei river, also known as Mandovi in Goa, is the lifeline coursing through the heart of Karnataka, Maharashtra and Goa. Originating from the picturesque Jamboti Ghat in Karnataka’s Belgaum district; this river meanders its way for 111 kilometers, nurturing ecosystems, supporting livelihoods, and quenching the thirst of millions along its path.

MOST CONTENTIOUS
ONE of the most contentious issues surrounding the Mhadei-Mandovi river is the ongoing dispute over water sharing among the states it traverses. With Goa being the lowermost riparian state, it holds a significant stake in the equitable distribution of the river waters. However, the complexities arise from the fact that Goa, despite having the largest geological area in the basin, also has the smallest share of the river’s length — 76 kilometres out of the total 111 (Mohanty, 2023).
Any diversion of the Mhadei waters will doom Goa and the entire Western Ghat region. After environmentalists in Karnataka emphasized the danger posed by the Kalasa-Bhandura projects, their counterparts in Goa have endorsed their stance, saying that any move to change the course of the Mandovi waters will destroy the ecology of the region.
The Mhadei-Mandovi river basin encompasses vital ecosystems and human settlements, with Goa’s portion alone constituting 42.70% of the state’s area and supporting over half of its population (Das, 2023). It’s not just a river; it’s the lifeblood of Goa. The conflict escalated when Karnataka unveiled plans to divert Mhadei’s tributaries to the Malaprabha river, triggering concerns in downstream Goa about dwindling water flow, ecological disruption, and agricultural impacts.
Similarly, Maharashtra’s proposal to construct a dam near Virdi village, initially accepted with conditions, later raised apprehensions about altered water flows and ecological consequences.
Karnataka argues that the Mhadei river originates in that state. Karnataka contends that the Mhadei waters are vital for fulfilling the drinking water needs of urban centres like Hubli-Dharwad and supporting irrigation projects crucial for agricultural sustainability. Emphasising equitable apportionment, Karnataka seeks a balanced allocation that addresses both human and agricultural requirements.
THIS is why Karnataka claimed an allocation of 24.15 TMC1 (24.15 TMC towards consumptive usage and 14.571 TMC towards non-consumptive usage) [Para 30-31, Page 92-93, Vol 1, MWDT2 Award], on the premise that the dependable yield of the river basin at 75% dependability was 199.60 TMC.
Karnataka claims such usage would not prejudicially affect the interests of the State of Goa or its inhabitants [(x), Page 351, Vol 3, MWDT Award]. One of the main contentions of Karnataka is that Goa has not done a detailed yield study of the Mhadei-Mandovi river basin of its own which is why the dispute is unresolved [(xxxi), Page 372, Vol 3, MWDT Award].
The Supreme Court has listed the matter on January 23 in Court No 1 for hearing. The matter had come up before the Supreme Court in November, after almost nine months. Without any hearing, the matter was posted for January.
All three states have filed additional written submissions before the court, as directed during the previous hearing held in February 2024. Before that, the matter was heard in July, 2023.
The court had also directed the three states to nominate a nodal counsel for the bookmarking of the convenience compilations and that during arguments; only the convenience compilations will be referred.
Goa, Karnataka and Maharashtra have filed Special Leave Petitions in the Court challenging the Mhadei Distribute Tribunal Award, dated August 2018. The outcome of these SLPs to be heard by the Supreme Court will have an impact on the lives and livelihoods of around 10 crore Goans who depend on the Mandovi waters for sustenance. The ecology and drinking water of our capital city of Panjim will also be affected.