Bhakra Nangal Dam: High Court Seeks Response On Punjab Govt's Plea To Recall Order For Release Of 'Extra Water' To Haryana

The Punjab and Haryana High Court on Wednesday (May 14) sought response from the Bhakra Beas Management Board (BBMB) on Punjab Government's application seeking recall of Court's May 06 order, which paved way for release of 'extra water' from Bhakra Nangal Dam to Haryana.A bench of Chief Justice Sheel Nagu and Justice Sumeet Goel asked BBMB, Haryana Government and the Union government to file a response and kept it for hearing on May 20, alongside the contempt case initiated against Punjab government in this matter. According to the Union Government's submission, on May 2 Centre's Home Secretary at New Delhi convened a meeting and decided to release of extra 4500 cusecs of water to Haryana in 8 days to meet the emergent needs of Haryana. On May 06, the High Court had asked Punjab authorities not to obstruct the dam authorities in any manner.The Punjab Government has objected to the May 2 decision by the Centre, stating that the Union Home Secretary is not the competent authority and lacks jurisdiction to decide on allocation of water under the BBMB Rules.Senior Counsel Gurminder Singh appearing with Punjab AG Maninderjit Singh Bedi and Ad. AG Chanchal Singla for the Punjab Government submitted that misrepresentation has been made by the BBMB to execute an illegal order to allocate extra water to Haryana under the garb of plea seeking removal of Punjab Police at the dam.Referring to Article 262 of the Constitution he stated that "the Water Dispute between two States can be adjudicated in terms of law enacted by the Parliament."Senior Advocate Gurminder Singh argued that under Article 262, the Parliament enacted the Inter State Water Dispute Act, 1956 hence as per the Act the release of water to Haryana can be done against the determined share of Punjab only with the consent of Punjab Government."Any deviation to release water in absence of such consent would constitute a water dispute and can only be decided by Constituting a Water Tribunal under 1956 Act and not otherwise," stated Punjab's application.Chief Justice Nagu questioned, "what if no consensus is there between the state parties?". Answering the same, Singh replied that a representation needs to be made to the Union Government and the same was made by the Punjab Government. Punjab Government submitted that Haryana had made representation for extra water and Punjab had consented to give 4000 cusecs everyday. However, Haryana wanted further extra 4500 cusecs water for 8 days stating it had shortage of drinking water due to western Yamuna canal being under repair but, the Canal became operational on 1st May.Subsequently, an extraordinary Board meeting was called on April 28, wherein the issue regarding release of extra 4500 cusecs of water to Haryana from the share of the state of Punjab was discussed, but, no consensus was reached. During the said meeting, State of Punjab filed its specific objections to demand of 8500 cause water raised by State of Haryana, Singh added.Additional Solicitor General Satya Pal Jain submitted that on May 02, Punjab's officers had also participated in the meeting held under the chairmanship of the Union Home Secretary.ASG Jain added that the Punjab government had not challenged the decision taken at the meeting held by the BBMB on April 30. On April 30 BBMB had decided to release 8500 cusecs of water to Haryana, to which Punjab had objected.Responding to the submission, Singh said that if the competent authority of the Union government decides against Punjab, the State would then avail its remedy.Opposing the plea Haryana AG Pravindra Singh Chauhan submitted "It is not the case that Haryana is asking water from the share of Punjab." Haryana needs extra water because the state does not have drinking water, he added.Background"This Court is conscious of the present sensitive atmosphere prevailing in the State of Punjab due to cross border firing between India and Pakistan and therefore, does not want to burden the Chief Secretary as well as the Director General of Police, Government of Punjab, with any contempt notice," High Court had said earlier while granting time to Punjab Government to respond to Punjab-Haryana Water dispute contempt plea. However, the bench opined that "prima facie" directions issued by the High Court on May 6, were not complied with by the Punjab Government. On May 6, the High Court had restrained the Punjab Police from "interfering" in the day-to-day functioning of the dam and asked to abide by the decision of a Union Government meeting which had resolved to release extra water from Bhakra Dam to Haryana, for the State's emergent need. However, a contempt plea was filed alleging that the Punjab Police obstructed the BBMB from releasing the Dam water to Haryana.Amid the ongoing dispute between the states of Punjab and Haryana over the sharing of Bhakra Nangal dam water, the High Court on May 8 asked the Chairman of BBMB to file an affidavit regarding his claim that the Punjab Police stopped him from...

Bhakra Nangal Dam: High Court Seeks Response On Punjab Govt's Plea To Recall Order For Release Of 'Extra Water' To Haryana

Aiman J. Chishti

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