Punjab govt supports Dharamvira Gandhi’s stand seeking compensation for water

Saurabh Malik

Tribune News Service

Chandigarh, July 6

Less than three months after Patiala MP Dr Dharamvira Gandhi and 19 other petitioners moved the Punjab and Haryana High Court seeking compensation of Rs 80,000 crore to Punjab as cost for river waters given free since 1947 to Rajasthan and other non-riparian states, the Punjab Government has supported the stand.

Appearing before a Bench of Chief Justice Krishna Murari and Justice Arun Palli, Punjab Advocate General Atul Nanda virtually welcomed and supported the cause espoused in the petition.

Nanda said litigation regarding connected and ancillary issues was pending before the Supreme Court.

It would have an impact on the present litigation. Nanda also apprised the court that notice was required to be issued to the states of Rajasthan and Haryana.

Taking a note of the assertions, the high court adjourned the matter to September 10, while directing Nanda to place on record documents and copies of all such connected matters pending before the Supreme Court.

The petitioners, including high court’s former Judge Justice Ajit Singh Bains, had earlier claimed their precise grievance was that Punjab was only state in the whole world whose water was given to other non-riparian states.

Their counsel RS Bains submitted there was no constitutional principle, declaration of law by the Supreme Court, or award by water tribunals, by which river water of riparian states had been allocated to non-riparian states even if they were successor states.

“In no judicial precedent, river water of the parent state has been given to other non-riparian or successor state without payment of any cost…,” Bains said.

Referring to the “first decision” by the Government of India on January 29, 1955, the petitioners said it clearly pointed out that allocation of cost of water would be taken up separately.

The decision was never followed, except that Punjab water was given to Rajasthan. The ratio of water distributed as per the decision was 50.48 per cent to Rajasthan, four per cent to Jammu and Kashmir and 45.42 per cent together to Punjab and Pepsu.

“Shockingly, Rajasthan has no right under the Constitution even to claim a drop of water from Punjab, Himachal Pradesh and Kashmir, which are riparian states…, ” Bains added.

He further submitted Rajasthan was not even a successor state of erstwhile state of Punjab. “Prior to Independence, Rajasthan used to receive waters after payment of cost when water was surplus for Punjab. Now Punjab is deficient and even groundwater stands depleted with 14 lakh tube wells”.