On Tuesday, the Bombay High Court declined to immediately issue a stay order on a directive to release water from the Godavari river to the Jayakwadi dam. The directive had been issued by the Godavari Marathwada Irrigation Development Corporation (GMIDC) and called for the release of 8.603 thousand million cubic feet of water from five upstream dam groups to the Jayakwadi dam.

A panel consisting of Chief Justice DK Upadhyaya and Justice Arif Doctor was presiding over a public interest litigation (PIL) filed by individuals from Nashik. The petitioners contended that their area was already grappling with water scarcity, and the release of water to the downstream reservoirs in Jayakwadi would exacerbate the situation.

The dam supplies water to regions in the drought-prone Chhatrapati Sambhajinagar district within the Marathwada region.

In response to the concerns raised, Chief Justice Upadhyaya remarked, "If that is the situation, the government will make necessary arrangements." He further stated, "It is the responsibility of experts to justify the decision by presenting the underlying rationale."

Advocates Abhinandan Vaigyani and Joel Carlos, who were representing GMIDC and the Maharashtra water resources authority, highlighted that approximately a decade ago, the Marathwada region was severely affected by a prolonged drought. During that period, a formula for a fair distribution of water was devised, which took into account factors such as the region's rainfall patterns, the water levels in the reservoirs, and the needs for irrigation, livestock, and human consumption.

According to Advocate Abhinandan Vaigyani, the recent order issued on October 30 relied on the same formula established in 2013. He emphasized, "There is an assumption that we will leave everyone without adequate water and divert all of it downstream." On the other hand, Lawyer Nitin Gaware Patil, representing the petitioner, and Advocate Ram Apte, representing the Nashik Municipal Corporation, mentioned that the water had not been released as of now.

Lawyer Nitin Gaware Patil expressed concern by stating, "If the water is released during the upcoming Diwali vacation, we cannot reverse the consequences or actions that result from it." 

In response to these concerns, Chief Justice Upadhyaya emphasized, "There should be no rivalry between Aurangabad (Chhatrapati Sambhajinagar) and Nashik. They claim that a formula was established in 2013 after careful consideration, and this decision is founded on that formula. All these aspects will need to be thoroughly examined."

The bench issued a directive to all relevant authorities, including the Maharashtra government, to submit sworn affidavits by the end of November. The court has scheduled a further hearing on the petitions for December 5.