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SYL canal completion: Supreme Court to hear Punjab, Haryana today
Chandigarh A three-member bench of the Supreme Court will on Tuesday hear the states of Punjab and Haryana on the efforts made to find a solution on the contentious
Chandigarh A three-member bench of the Supreme Court will on Tuesday hear the states of Punjab and Haryana on the efforts made to find a solution on the contentious issue of completion of the Sutlej-Yamuna Link (SYL) canal. The Supreme Court had in its January 15, 2002, and June 4, 2004, judgments ordered the completion of the remaining portion of the canal in Punjab.
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 court had said.
The apex court had on July 9 said that “it hoped and trusted that functionaries of both the states will rise to the occasion to find out a solution which is in the interest of all and ultimately if this Court is required to hear the matter on merits definitely it will do so”. Posting the matter to September 3, the apex court said that efforts should be made to find out a solution in the meantime.
Attorney general KK Venugopal, who will appear for the Central government on Tuesday, is likely to apprise the bench of justices Arun Mishra, MR Shah and BR Gavai about the efforts made by the central and state governments to work out a solution. On directions of the apex court, top officials of the central, Haryana and Punjab governments had met twice in August to find a way to settle the dispute. However, the two rounds of meetings remained inconclusive.
HARYANA AND PUNJAB STICK TO THEIR STANDS
Haryana officials said that they will stick to their stance – 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. We are again going to reiterate and insist that Punjab should comply with the Supreme Court decrees. At present, Haryana gets 1.62 MAF of Ravi and Beas waters.
The Punjab government is likely to raise the issue of Haryana receiving at least 2 MAF from Yamuna waters, during the hearing. A Punjab irrigation official said since Haryana is benefitting from Yamuna waters, it has no right over Ravi-Beas waters and Punjab would also raise the issue of drastic fall in the availability of river waters in Punjab. “There is no water in Punjab rivers, as being construed by the neighbours,” the official 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.
In its January 15, 2002, and June 4, 2004, judgments, it ordered the completion of the remaining portion of the canal in Punjab. But on July 12, 2004, the Punjab assembly enacted the Punjab Termination of Agreements Act, annulling all inter-state agreements signed by Punjab relating to sharing the Ravi and Beas waters, including the December 1981 tripartite agreement signed by the chief ministers of Punjab, Haryana and Rajasthan. On July 22, 2004, the Centre sought the opinion of the Supreme Court on the validity of the Punjab Termination of Agreements Act by making a Presidential reference under Article 143 of the Constitution.
