SYL canal row: Haryana likely to file contempt petition against Punjab, says Supreme Court orders not being implemented
Haryana says Punjab is not keen on resolving the SYL canal row. The state has asked for immediate steps to get the Supreme Court decree and orders implemented at the earliest
The Haryana government is considering filing a contempt of court petition against neighbouring Punjab for not implementing the Supreme Court’s January 15, 2002, and June 4, 2004, orders to complete the remaining portion of the Sutlej-Yamuna Link (SYL) canal.
On April 5, the state assembly had passed a resolution during a special one-day session asking the Centre to take measures for the construction of the SYL canal in compliance with apex court directions.
In an April 11 communication to Haryana’s additional advocate general Anish Gupta, who represents the state in the SC, the irrigation department has asked for immediate steps to get the top court’s decree and orders implemented at the earliest by seeking immediate listing of the matter in the SC.
‘Punjab not taking any interest to resolve the matter’
The communication also said the SC may also be informed that Punjab is not taking any interest to resolve the issue as directed by the court in its various orders and despite directions by the central government.
“The court may initiate contempt of court proceedings against Punjab apart from issuing directions to central government, as done earlier, for ensuring construction and completion of SYL canal,’ the communication said. “We are considering filing a contempt of court petition against Punjab in the Supreme Court,’’ said a top Haryana official in know of developments.
The recent communication to the state’s law officers handling the original suit said that after SC’s July 9,2019, directions, three meetings between Punjab, Haryana and the Centre were held on August 16, 2019, August 2I, 2019, and December 6, 2019, but without any outcome.
Last, on SC orders of July 28, 2020, a meeting was held by Union Minister of Jal Shakti with Punjab and Haryana chief ministers on August 18, 2020. The Punjab chief minister had assured that before the second round of meeting with Union Jal Shakti Minister, he will hold a separate meeting with Haryana chief minister to discuss the possible way forward. Subsequently, secretary, Union Jal Shakti ministry in an October 12, 2020, letter to the Punjab chief secretary said that the second round of meeting was being contemplated and the outcome of it must be conveyed to the Centre before the second meeting.
“Nearly one-and-a-half year has passed and nothing and we have not heard anything from Punjab in this context. It implies that Punjab is not serious to resolve the SYL issue despite the SC orders,’’ the communication said.
Punjab says volume of water has drastically reduced
Haryana has stuck to its stance that their share of 3.5-million-acre feet (MAF) in the Ravi and Beas waters and the completion of the canal are absolutely non-negotiable. At present, Haryana gets 1.62 MAF of Ravi and Beas water. Punjab, on the other hand, has furthered an argument that the volume of water available in its rivers has drastically reduced over the years.
The apex court had on July 11, 2017, said that the authorities of both states remember that a decree passed by the apex court has to be respected and executed. “Our granting of time does not endow Punjab with any kind of liberty to devour time and pave the path of procrastination. On the contrary, to take a stand of amiability and amicability so that the facilitator, that is, the central government can bring both parties together to resolve the issue,” the SC had said.
Presidential reference
Answering a presidential reference in the matter, a constitution bench of the Supreme Court had on November 10, 2016, set aside the Punjab Termination of Agreements Act, a law which unilaterally terminates Punjab’s water sharing pact with Haryana. “The Punjab Act cannot be said to be in accordance with the provisions of the Constitution and by virtue of the said Act, Punjab cannot nullify the judgment and decree referred to hereinabove and terminate the December 1981 agreement,” the Supreme Court had said.
States’ share in Ravi-Beas waters
Total: 17.17 MAF
Punjab: 4.22 MAF
Haryana: 3.50 MAF
Rajasthan: 8.60 MAF
J&K: 0.65 MAF
Quantity earmarked for Delhi water supply: 0.20 MAF
(This is as per the 1981 tripartite agreement)
