Can’t get SYL land back: Punjab in SC

Satya Prakash

Tribune News Service

New Delhi, February 21

The Punjab Government has told the Supreme Court that the land meant for constructing the Sutlej-Yamuna Link (SYL) Canal that had been given back to the landowners could not be recovered. In an affidavit, it said: “...the land in question having been already transferred to the landowners in obedience to the resolution of the Legislative Assembly dated 16.11.2016, the recovery of the said land from the landowners is not possible.”

Edit: SYL again

The SAD-BJP government accused the Centre of abdicating its responsibility, stating the latter had failed in its mandatory duty to constitute a water tribunal for adjudication of issues raised by Punjab in its January 1, 2003, complaint. “The Union of India is duty-bound to play the role of a mediator in inter–state water disputes. In the present case, it has not shown any proactive approach in sorting out the water issues between the two neighbouring states,” the affidavit, that will be taken up for hearing on Wednesday by a Bench headed by Justice PC Ghosh, reads. “A fuller constitutional solution to the SYL canal is not possible unless the alleged entitlement of the applicant State of Haryana, a non-riparian, is resolved in accordance with law having regard to the changed circumstances,” the affidavit states.

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The Punjab Government had on February 16 requested the Supreme Court to hear the SYL canal issue after the announcement of the Assembly poll results on March 11. But in its rejoinder affidavit, filed to counter the Centre’s submissions, the state had requested the top court to direct the Centre to “immediately explore on the transfer of the Sarda waters to the Yamuna under the feasibility report prepared by the National Water Development Agency”.

It had pleaded that the Centre be directed “to create storages over the Yamuna to utilise water which is otherwise going waste and to explore alternative sources for irrigating Yamuna Basin areas, by augmenting the Yamuna flows in Haryana, particularly from the river Sarda”. 

The SAD-BJP government, represented by senior counsel Ram Jethmalani, had pleaded that the SYL issue be heard after the poll results on March 11. However, the Bench had asked the Punjab Government to file its affidavit by February 20 and posted the matter for further hearing on February 22.

The top court had in November 2016 declared the law passed by the Punjab Assembly terminating the SYL canal water-sharing agreement with neighbouring states as unconstitutional. It had answered in the negative all four questions referred to it in a Presidential Reference.

A Constitution Bench had on November10 ruled that Punjab could not have taken a “unilateral” decision to terminate the agreement with Haryana, HP, Rajasthan, Jammu and Kashmir, Delhi and Chandigarh on sharing of the Ravi-Beas river waters. On a plea by the Haryana Government, the top court had on November 30 last year ordered a status quo on the land acquired for the construction of canal’s stretch in Punjab and appointed the Union Home Secretary, Punjab’s Chief Secretary and the DGP as receivers. 

Last week, the top court had said the interim order would continue.