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Following the issued direction by the Karnataka HC, an order has been passed by the Union Ministry of Water Resource that an immediate intimation has to be issued to the adjacent and likely to be affected by the release of water State/Union Territory Government / Authorities / Dam Authorities whenever a decision to release water from the reservoir/dam within its limit is taken up by the State/ Union Territory Government/ Dam Authority.
A memo was filed by Advocate Kumar M N who appeared before the Central Government to inform it of the order which was earlier issued on the 9th of August. The memo stated that,
“The decision to release water shall be communicated sufficiently in advance by the concerned State/UT Government/Authority in order to allow mitigating measures to be set up by the downstream state/UT Government/Authority/Dam Authorities against any impending flood situation which could be caused due to the release of water from dams/reservoirs.”
Earlier, a divisional bench which was led by Justice Abhay Oka directed that the authority should consider the power under Section 10, sub section (2), clause (I) of the Disaster Management Act, 2005 by issuing direction to the state authorities as well as state governments mandating an intimation to be given by them to the adjacent states immediately after a decision to release water from the reservoirs/dams has been taken by the authorities of the state so that mitigating measures can be taken up by the State Governments which are likely to be affected and further also prepare themselves appropriately.
The chairman of the National Executive Committee in compliance with the above direction issued by the HC on 24th July, passed an order under section 69 of the Disaster Management Act 2005, delegating power under section 10, sub section (2), clause (I) of the Disaster Management Act, 2005 to the Secretary, Department of Water Resources, River Development and Ganga Rejuvenation, vide order dated 08/08/20 to issue necessary direction as is considered proper in regard to the direction issued by the High Court.
The direction was given after hearing a petition seeking direction to evolve a law/rule to make it compulsory for states to give advance intimation to neighbouring states on possible discharge of water from its dams. The petition was filed by Mallikarjuna A.
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