Bhakra water dispute: Centre, Haryana oppose Punjab’s plea in high court

The Centre, Haryana and Bhakra Beas Management Board (BBMB) today opposed Punjab’s plea for recalling the Punjab and Haryana High Court’s May 6 order in the Bhakra water dispute. Haryana, among other things, described Punjab’s actions as unlawful, misleading, and in breach of judicial orders.

Punjab had prayed for recalling or modifying the order, saying that the court, on May 6, was given the impression that a meeting was held on May 2 on the issue of extra water release, but there was no specific agenda. The high court had then directed the state to abide by the May 2 meeting decision. Punjab said direction, however, was passed as a result of completely erroneous, factually incorrect and legally unsustainable submissions by the Union of India, BBMB, and Haryana.

Responding to Punjab’s application, Haryana said water released by BBMB was “the lifeline of the farmers of Haryana and the livelihood of the farmers depends on the water”.

It submitted that deploying the police force at the Bhakra-Nangal dam and forcibly taking over the operation and regulation, despite the clear order passed by this court on May 6 showed the “defiant and obstructive attitude of the state of Punjab…”, it added. Taking up the matter, the division bench of Chief Justice Sheel Nagu and Justice Sumeet Goel granted Punjab a day’s time to respond to the averments, even as its senior counsel Gurminder Singh, appearing with Additional Advocate-General Chanchal Singla for Punjab termed the responses filed by the Centre, Haryana, and BBMB as “misleading and far from the truth.”

The Centre was represented by Additional Solicitor-General Satya Pal Jain and senior panel counsel Dheeraj Jain. Advocate-General Pravindra Singh Chauhan and Additional AG Deepak Balyan appeared for Haryana.

BBMB, in its affidavit, said Punjab’s application lacked merit and came too late. “In case there was any infirmity in the May 6 judgment, the application should have been filed immediately after the judgment and not after directions were issued for compliance,” it stated.

BBMB emphasised that even if the court’s direction regarding water release was recalled, the main order restraining Punjab officials from interfering in dam operations still stood, as do contempt proceedings arising from violations.

The Union Government, in its response through the Ministry of Power, stated that BBMB had already taken a majority decision on April 30 to release water to Haryana in accordance with BBMB Rules, 1974, “no further action is warranted by the Central Government under Rule 7”.

It added that water levels in the Bhakra reservoir were being monitored to maintain a buffer for delayed monsoon. Normally, the reservoir level on May 20 of the year was targeted not to go below 1,506 ft to keep some cushion for delayed monsoon. Considering availability in the Bhakra dam, water might be supplied to the partner states of BBMB depending on their requirements.

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