238 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.
.
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