Punjab-Haryana Water Dispute: High Court Paves Way For Release Of Bhakra Dam Water To Haryana, Says Punjab Police Cannot Interfere

Following a plea moved by the Bhakra Beas Management Board (BBMB) alleging that the Punjab government through its Police is obstructing the release of Bhakra Nangal Dam water to Haryana, the High Court today passed an order restraining the agency from "interfering" in the day-to-day functioning of the dam.While the division bench of Chief Justice Sheel Nagu and Justice Sumeet Goel conceded that the Punjab Police can extend security to the Dam and the personnel of BBMB, it added that the agency has to abide by the conjoint decision of BBMB and Central government, regarding sharing of water between the States.Significant to note that in a join meeting held on April 30, the Board had decided to release 8,500 cusecs of water to Haryana, to which Punjab objected.Taking exception to the State's alleged stance, the High Court today ordered,i) State of Punjab and any of its functionaries including police personnel are restrained from interfering in the day-to-day functioning, operation and regulation of the Bhakra Nangal Dam and Lohand control Room water Regulation offices managed by BBMB.ii) However, the State of Punjab is always free to extend security to the Bhakra Nangal Dam and the personnel of BBMB as per law.iii) State of Punjab is directed to abide by decision of the meeting held on 02.05.2025 under the Chairmanship of the Home Secretary to the Government of Indiaiv) in case the State of Punjab is not aggreable to any decision taken by the Bhakra Beas Management Board, then it is free to invoke Explanation-II to Rule 7 of the 1974 Rules by making a representation to the Central Government through the Chairman of the BBMB, which if made, shall be decided by the Central Government, expeditiously.Key SubmissionsBhakra Beas Management Board approached the High Court alleging that on the morning of May 1, Punjab Government forcibly took over the control of the operation and regulation of Nangal Dam and Lohand Control Room Water Regulation Offices through its police force and prevented, forcibly, the release of water to Haryana.The Board highlighted that in a meeting held on April 30, the Board had decided to release 8,500 cusecs of water to Haryana, to which Punjab objected.The action of the Punjab Government is wholly unconstitutional and illegal and amounts to direct interference in Statutory functioning of the Board, "which is performing a function of National Importance, which is sovereign in nature,” stated BBMB's plea. It added that the supply of water to Haryana or for that matter to any of the partner States is a matter of lifeline of the State concerned and any forcible action such as the one stated above by any of the partner States in the functioning of the Board would lead to “anarchy and lawlessness by the State itself.”Yesterday during the hearing, Senior counsel Gurminder Singh appearing for Punjab Government along with AG Maninderjit Singh Bedi submitted that the policemen have been deployed by the Government of Punjab merely to provide security to the Bhakra Nangal Dam and not to obstruct in the functioning of the BBMB.It was further submitted that the States of Haryana and Rajasthan have already over consumed their quota of water while the share of water available to the State of Punjab ought not to be encroached upon by the defaulting States of Haryana, Rajasthan and Delhi.On the other hand ASG Satya Pal Jain, Additional Solicitor General of India contended that the quantum of water as decided in the meeting of BBMB is not only meant for the States of Punjab, Haryana and Rajasthan which perennially suffers from acute shortage of water but also for the national capital-Delhi.ASG Jain further informed that to resolve the crisis which arose on May 01, the Government of India convened a meeting on May 02 which was held under the Chairmanship of Home Secretary to the Government of India at New Delhi on the issue of release of extra 4500 cs of water to Haryana in 8 days for meeting emergent need of Haryana and some part of Rajasthan. It was informed that this meeting was attended by senior officers of the Government of India, partner States of BBMB i.e. Punjab, Haryana and Rajasthan and the officials of BBMB. He further added that in the said meeting it was decided to release 4500 cs of extra water by BBMB to the State of Haryana for next eight days to meet its urgent water requirement."It was also agreed that during the filling period of dam, BBMB will provide this excess water to State of Punjab to fulfill their additional requirements. It was further decided that BBMB shall forthwith convene a meeting to work out the modalities of implementing release of extra water to the State of Haryana," added the ASG.Court's ObservationAfter hearing the submissions, the bench noted that "Section 97 of the Punjab Reorganization Act, 1966, the Bhakra Beas Management Board Rules 1974 were framed, which inter-alia provide in clear terms that in case of dissent by any member of BBMB such dissenting member can...

Punjab-Haryana Water Dispute: High Court Paves Way For Release Of Bhakra Dam Water To Haryana, Says Punjab Police Cannot Interfere

Aiman J. Chishti

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