India confident of winning Kishanganga dispute in International Court of Arbitration

New Delhi, October 1
Confident of winning the final award in its favour, India today termed as “favourable” the International Court of Arbitration (ICA) order last week which prevents the country from undertaking permanent works above the riverbed level at the Gurez site of the Kishanganga hydropower project. The final orders are expected either in 2012-end or in early 2013.
Asserting that the stay was merely an interim legal position and in no way signified any “loss of position” for India, as was being projected by Pakistan, Water Resources Minister Pawan Bansal told The Tribune that the neighbouring country had raised two issues-stopping the work and dismantling the construction already done -and the court did not agree to either of its two contentions.
“India can go ahead with construction of powerhouses, tunnelling works, coffer dams, temporary bypass tunnel and concretisation under the riverbed for the dam. The only thing we cannot do is go above the surface of the river bed, which is not a problem since we would only be able to complete these works by 2012-end and 2013 beginning, by when the court will give its final decision,” Bansal said.
Meanwhile, India is preparing a response to strengthen its position before the International Court of Justice. The Hague-based ICA has directed India to submit a report on environmental hazards to the ecosystem due to this project.
The ICA last week barred India from undertaking any permanent works at the 330-MW hydroelectric project, leading the neighbouring country to claim a big “victory” after a decade of unsuccessful negotiations with India. The court has also asked the two countries to submit by December 19 a “joint report setting forth the areas of agreement and any points of disagreement that may arise” regarding the implementation of its order”
Former Secretary, Water Resources, Ramaswamy R Iyer also maintained that the ruling was neither a win nor a loss for either country. “It is just a temporary stay. India can still continue with related works except constructing the dam,” he said.
But considering political and environmental ramifications of the project, there appears to be some amount of scepticism with an expert saying that investments could go waste if the final award goes against India, which in other words also means that the power problem in Kashmir will continue.“India will be taking a risk by carrying out with other works till the final ruling,” said the water resources expert, who did not wish to be quoted.
While India maintains it is within its rights, under Indus Waters Treaty of 1960, to divert Kishanganga waters to Bonar Madmati Nallah, Pakistan has been objecting saying India’s plan to divert waters would cause obstruction to the flow of the river. The project has been discussed in the Permanent Indus Commission. Pakistan approached the international court in May 2011 with its main objections being diversion and change of sub-basin of the Kishanganga river.