High Court restrains state from interfering in BBMB functioning

The Punjab and Haryana High Court has restrained 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 also directed to abide by the decision taken at a meeting held under the Union Home Secretary’s Chairmanship on May 2 to release 4,500 cusec additional 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 BBMB 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 said Punjab ought to have represented before the Central Government. But it did not make any 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 the 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, the deployment of police force for interfering in the management and functioning of the BBMB cannot be appreciated.”

Punjab