Judgment :

R.M. Lodha, J.

Original Suit No. 1 of 2006

Two riparian states – Andhra Pradesh and Maharashtra – of the inter-state Godavari river are principal parties in the suit filed under Article 131 of the Constitution of India read with Order XXIII Rules 1,2 and 3 of the Supreme Court Rules, 1966. The suit has been filed by Andhra Pradesh (Plaintiff) complaining violations by Maharashtra (1st Defendant) of the agreements dated 06.10.1975 and 19.12.1975 which were endorsed in the report dated 27.11.1979 containing decision and final order (hereafter to be referred as “award”) and further report dated 07.07.1980 (hereafter to be referred as “further award) given by the Godavari Water Disputes Tribunal (for short, ‘Tribunal’). The violations alleged by Andhra Pradesh against Maharashtra are in respect of construction of Babhali barrage into their reservoir/water spread area of Pochampad project. The other four riparian states of the inter-state Godavari river – Karnataka, Madhya Pradesh, Chhattisgarh and Orissa have been impleaded as 3rd, 4th, 5th and 6th defendant respectively. Union of India is 2nd defendant in the suit.

2. The Godavari river is the largest river in Peninsular India and the second largest in the Indian Union. It originates in the Sahayadri hill ranges at an altitude of 3500 ft. near Triambakeshwar in Nasik District of Maharashtra and flows for a total length of about 1465 Km. (910 miles) through Maharashtra and Andhra Pradesh before joining the Bay of Bengal. The river has its basin area spread into other States like Karnataka, Orissa, Chhattisgarh and Madhya Pradesh. In the high rainfall zone in Sahayadris, the river is joined by Darna and Kadwa tributaries on its right and left banks respectively. Downstream at a distance of 217 Km. (135 miles), the combined waters of Pravara and Mula tributaries join the river. About 45 Km. (28 miles) downstream of Pravara confluence, Maharashtra constructed the Paithan Dam (Jaikwadi Project) to utilize the flows available up to that site. Further downstream, the river while in Maharashtra, receives waters of Sindphana, Purna and Dudhna tributaries. At the border between Maharashtra and Andhra Pradesh, Godavari receives the combined waters of Manjra (Manjira), Manar and Lendi rivers. After it enters Andhra Pradesh, at a distance of 764 Km. (475 miles) from its origin, Pochampad dam has been constructed by Andhra Pradesh.

3. The river basin is divided into 12 sub-basins. The subject matter of the present suit falls in G-1 and G-5 sub-basins, details of which are as follows:

G-1 Upper Godavari:—This sub-basin includes the reach of the river Godavari from its source to its confluence with the Manjra. The sub-basin excludes the catchment areas of the Pravara, the Purna and the Manjra but includes that of all other tributaries which fall into the Godavari in this reach.

G-2 Pravara:— This sub-basin includes the entire catchment of the Pravara from the source to its confluence with the Godavari including the catchment areas of the Mula and other tributaries of the Pravara.

G-3 Purna:—This sub-basin includes the entire catchment of the Purna and of all its tributaries.

G-4 Manjra:— This sub-basin includes the entire catchment of the Manjra from its source to its confluence with the Godavari including the catchment areas of the Tirna, the Karanja, the Haldi, the Lendi, the Manar and other tributaries.

G-5 Middle Godavari:— This sub-basin comprises the river Godavari from its confluence with the Manjra to its confluence with the Pranhita. The sub-basin includes the direct catchment of the Godavari in this reach as well as of its tributaries, except the Maner and the Pranhita.

4. Rainfall during monsoon months (i.e. June to September) is the major contribution to the Godavari river flows. Monsoon contributes about 90% of river flow. Non-monsoon season contributes only about 10% of the flows which are not well defined and well spread as that of South West monsoon.

5. On 10.04.1969, t