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A11. PUNJAB IS THE SOLE OWNER OF RIVER WATERS.

However, the Captain's Government has struggled in many cases and failed in many cases. But the biggest failure is with river waters. The Union Government has been abusing Punjab since 1947. Today, when has she started giving justice to Punjab through arbitration? Captain, the government should find a legal solution to this issue. The Supreme Court's decision against Punjab is a testament to the incompetence of the Punjab government. The issue of prosperity and poverty of Punjab is connected with this issue.

The Badalshahis betrayed Punjab first for the sake of conspiracy, and later for the pleasure of the Prime Minister. Now Captain Sahib does not have time to pay attention to this. None of their allies can meet them and give an opinion in this regard. Because the right to reconcile them has been given to a retired PCS officer who is said to have reached out to the Modi government. As soon as Captain Sarkar falls, he hopes to get a higher position in the Delhi Darbar. If Captain Sahib gives it such privileges then the fall of the Caton government in the 2019 Assembly elections is certain. The President, the Prime Minister, the Election Commission, have made up their minds to hold a joint parliamentary and assembly election at some point to rectify the constitutional error. 2019 is the right time. Captain Sahib should take care of his own government. Particular attention should be paid to the issue of river waters. Let us now consider this matter for ourselves.

In 1981, some farmers of Bathinda, including me, had filed a writ petition in the Punjab and Haryana High Court. The main objective of which was that Punjab is the sole owner of river waters. This item is in the state list. Therefore, neither the Center has the right to set up a tribunal or intervene in this matter, nor does the Supreme Court have the power to take any decision in this regard. Justice Sandhanwalia had fixed Friday, December 31, 1981 for the hearing. The hearing was adjourned till Monday at the request of the government. Despite being on leave on Sunday, Justice Sandhanwalia was directed to take charge in the Patna High Court on Monday. This case was also taken up by the Supreme Court.

The case has been pending in the Supreme Court for 36 years. However, the Supreme Court had no jurisdiction to summon it. The Supreme Court can summon a case for only two reasons. Either two High Court judges may have given different decisions in the same case. Or the case pertains to two High Courts. This case was not under either of these two items. Therefore, the Supreme Court has no jurisdiction to take a decision in this regard.

The government brought the case back to the Chandigarh High Court. A senior advocate in the Punjab High Court said the case had been dismissed by default. But I think even if it has been dismissed, it can still be restored. I have restored my Gurdwara Sahib case in the Supreme Court after almost 30 years. I'm trying to get it back, but I don't have that much money. This is a small expense for the government.

According to international law and the Indian Constitution, Punjab is the sole owner of water from the Sutlej, Beas and Ravi rivers. According to the Punjab Indus Water Treaty signed between Jawaharlal Nehru and Field Marshal Ayub Khan in Karachi on December 19, 1960, Punjab is the sole owner of the Sutlej, Beas and Ravi waters. India did not pay 6 62 million to Pakistan. Immigrant Punjabis raised their funds at that time and demanded a comparative grant from their respective governments, giving 6 60 million to Pakistan. At that time almost all the immigrants were Punjabis. This amounts to billions of rupees at today's prices.

Punjab governments have been making water cases to deceive Punjabis. But these cases have been made only to show the Punjabis. The main issue was why other states were being given more water under Raparian law. Raparian law means the law of "division between two claimants." The use of the word raparian in relation to river waters is a betrayal of the Punjab. Punjab is the sole owner of the waters. According to the Indian Constitution, Raparian Law and International Customs Law, Punjab is the sole owner of river waters. Adherence to the principle of Raparian Law is the defeat of Punjab.

My argument in the Supreme Court case is that the World Bank had offered West Punjab 6 60 million on the grounds that West Punjab and some other areas are irrigated by the Ravi and Beas rivers. When these rivers flow into the partition of India, Pakistan will have to build new canals to draw water from rivers like Chenab Jhelum. This cost should be borne by India. Only after ten years, India will be entitled to use the water of these rivers.

My argument in the Supreme Court case is that the World Bank had offered West Punjab 6 60 million on the grounds that West Punjab and some other areas are irrigated by the Ravi and Beas rivers. When these rivers flow into the partition of India, Pakistan will have to build new canals to draw water from rivers like Chenab Jhelum. This cost should be borne by India. Only after ten years, India will be entitled to use the water of these rivers.

Now the question arises that in these ten years, India has built which canals to use all the water of these rivers? If all this water had come to Punjab, it would not have been difficult for Punjab to supply water to Haryana, Delhi and Rajasthan. This is the responsibility of the Central Government. Isn't Punjab a part of India? Punjab is being discriminated against immensely. We do not refuse to supply water to Haryana or Delhi. But first give us our water. This water is still going to Pakistan after 58 years. The cost of using it is also very insignificant. Today the Government of India, the water going to Pakistan, used Punjab. Tomorrow Haryana will take whatever water it wants. As much water is going to Pakistan, now Punjab is not using even one hundredth of it.

Near Gurdaspur, the distance between Ravi and Beas is only 20 km. This is a very flat earth. The Beas River is only seven miles from the Ravi River near Pathankot and the Ranjit Sagar Dam, which is shared with Jammu and Kashmir. In just a few months, all the water of the Ravi can be brought to Harike through Beas. It does not cost more than one road to conserve such a surplus water by constructing a canal on the Beas River, or by constructing new canals from Pathankot itself and providing water for irrigation. The Union Government has already constructed a Ravi Beas Link Canal. But the irony is that the Ravi's water is still going to Lahore. That is the right of Punjab.

The Government of India is constructing a hydroelectric dam at Kishanganga on a tributary of the Indus and at Ratla on a tributary of the Chenab. Billions of rupees have been spent on them. The quarrel with Pak has started again. The World Bank is re-evaluating the Indus Water Treaty next month. But the Center cannot spend a few lakhs for Punjab.

Captain, the Government should repeal Section 5, Termination of Water Agreements Act, 2004 in the Vidhan Sabha. Because this Article 5 is fatal for Punjab. This section permanently prohibits justice for the struggles for the waters of Punjab. Accordingly, the Punjab Government, through its constitutional resolution, has given constitutional sanction to the ongoing rift with Punjab. Earlier, all the alleged agreements on water, electricity, Bhakra etc. were signed by Punjab personally. Which did not prove to be any kind of bond for Punjab. The Congress government at the Center betrayed Punjab by imposing inappropriate drugs on Captain Sahib. That is why soon after its passage in the Vidhan Sabha, it was handed over to the Governor of Punjab and immediately enacted into law. Both the Congress and the Akali are guilty of this crime. Because both agreed.

The ACP does not demand a separate state for Punjab, nor does it demand special status like Kashmir. The ACP seeks federal rights for the states under Article One, the main article of the Indian Constitution, and is therefore committed to its people. According to Article One, India is a union of states. So is the federal type of government. According to the Indian Constitution, the items are divided into central (central government and parliament) and provincial (provincial government and assembly) powers. Water is on the state list.

The Union Government withdrew its intervention in the misappropriation of Apex Court, unconstitutional intervention. If the Union Government does not accede to these constitutional demands of Punjab, then the Punjab Government should ask the United Nations to set up a tribunal to compensate Punjab for the damage done by this unconstitutional Indian intervention and to restore the state's rights, not the monarchy. Regarding the distribution of water. The Government of India cannot oppose such an international tribunal. This is because the Government of India, the Indo-Pak Water Treaty from 1960 to date, has repeatedly accepted international tribunals. Such tribunals are set up in state center cases in the Intercontinental, Interstate, and Federal systems.

The Haryana government is demanding Rs 150 crore from the Delhi government for water. While this water does not belong to Haryana, it belongs to Punjab. Which the Center has given to Haryana in an unconstitutional manner using its wrong influence. From the very beginning, Punjab has been seeking compensation for its water from the states of Bikaner and Patiala group (then PEPSU). Now Punjab is entitled to get the price of water from these three states.

Many dams in Punjab cover the land of Himachal. The three rivers of Punjab, Sutlej, Beas and Ravi come from Himachal. The ACP recognizes Himachal as a rapper of water. Himachal can use as much water as it wants according to its needs. The ACP approves this. But Punjab owns the excess water from Himachal Pradesh. The Bhakra Dam and other dams have been constructed to conserve water in accordance with the Indo-Pak Water Treaty. Himachal is entitled to a price for its land. In the price of this land, the amount of electricity collected from Punjab till date may be adjusted. Himachal can get as much land according to its area if it wants. But Himachal is not entitled to power generated from Bhakra. Himachal today is not entitled to take the thousands of crores of rupees that it is demanding from Punjab.