Punjab restrained from interfering in BBMB operations
The Punjab and Haryana High Court has restrained the State of Punjab and its functionaries, including police personnel, from interfering in the day-to-day functioning, operation, and regulation of the Bhakra Nangal Dam and Lohand Control Room water regulation offices managed by the Bhakra Beas Management Board (BBMB).
The State was simultaneously directed to abide by the decision taken in a meeting held under Union Home Secretary’s Chairmanship on May 2 to release 4,500 cusecs of extra water to Haryana over a period of eight days to meet its urgent requirement.
The Division Bench of Chief Justice Sheel Nagu and Justice Sumeet Goel observed that the legal framework, particularly the Bhakra Beas Management Board Rules, 1974, provided a clear alternative statutory remedy in case of any disagreement.
“If the State of Punjab is not agreeable to any decision taken by the BBMB, it is free to invoke Explanation-II to Rule 7 of the 1974 Rules by making a representation to the Central Government through the Chairman of the BBMB,” the Bench noted, while clarifying that no such representation had been made by Punjab.
The Bench added the State of Punjab in all fairness ought to have represented before the Central Government. But it did not make such representation. The court also made it clear that Punjab was “always free to extend security” to the Bhakra Nangal Dam and BBMB personnel, but it could not interfere in the day-to-day functioning of the BBMB “so as to obstruct the operation and management of the Bhakra Dam and water-related works.”
The matter arose after BBMB alleged interference in its functioning by the Punjab Police. Taking a serious view, the Bench asserted: “If this allegation of the BBMB is correct, then the deployment of police force for interfering in the management and functioning of the BBMB cannot be appreciated.”
The court, in its detailed order, took note of Additional Solicitor-General of India Satya Pal Jain’s submissions that the meeting convened by the Union Home Secretary on May 2. It was attended by senior officials of the Centre, BBMB, and partner states, including Punjab, Haryana, and Rajasthan.
A decision was taken to release 4,500 cusecs of extra water by BBMB to Haryana for eight days to meet urgent needs. It was also agreed that BBMB would compensate Punjab during the dam’s filling period by meeting its additional requirements.
Senior Advocate Rajesh Garg appeared for BBMB. Punjab was represented by senior advocate Gurminder Singh and Advocate-General Maninderjit Singh Bedi. Senior Advocate Pravindra Singh Chauhan appeared for Haryana along with Additional Advocates-General Deepak Balyan and Naveen S. Bhardwaj.
The Union of India was represented by Additional Solicitor-General Satya Pal Jain with senior counsel Dheeraj Jain.
Punjab