42. Punjab talks tough on SYL

Haryana may cut Delhi water Dhananjay Mahapatra | TNN | Mar 31, 2016, 02.52 AM IST (Representative Image)

NEW DELHI: The water war between Punjab and Haryana appears set to intensify with the Parkash Singh Badal government defiantly telling the Supreme Court on Wednesday that it had no jurisdiction to pass an interim order virtually staying the law unanimously passed by the assembly to return land acquired for the Sutlej-Yamuna Link (SYL) canal.

A five-judge constitution bench headed by Justice A R Dave had on February 17 slammed the enactment of Punjab Sutlej-Yamuna Link Canal Land (Transfer of Property Rights) Bill, 2016 saying, "Prima facie it appears that effort is being made to make the 2004 decree of the Supreme Court (directing construction of SYL canal) in executable."

It directed the Union home secretary and Punjab's chief secretary and director general of police to take control of the entire stretch in Punjab and "strictly maintain status quo".

The Punjab irrigation secretary in an affidavit said the SC was dealing with the presidential reference of 2004 seeking the court's opinion on the constitutionality of the Punjab Termination of Agreements Act, 2004 and hence, could not have forayed into the SYL issue, which was not a subject matter before the court. "Therefore, the SC does not have jurisdiction to entertain (Haryana's) injunction application in this regard," it said.

In the same breath, the Badal government defended the 2004 law terminating water agreements with neighbouring states, saying it was a necessity given the "serious injuries caused to agriculturists" because of the water sharing agreement of 1981.  

It said the state was duty bound to protect their interest and Haryana would get no more water through SYL canal. This defiant stand could snowball into a water crisis for Delhi too as Haryana had given a veiled threat in the SC on February 17 that if one state unilaterally terminated water sharing agreements, then the other state would also resort to unconstitutional methods to protect its rights.  

Punjab's governments have scripted a unique story of defiance of the SC's orders. On December 31, 1981, Punjab, Haryana and Rajasthan entered into an agreement to share river waters of Ravi, Beas and Sutlej between them and also with Delhi and J&K. It was also agreed that Punjab would construct the SYL canal within two years. In 1981 Darbara Singh was CM of Punjab. Followed by Surjeet Singh Barnala.