High Court allows Punjab to make Haryana party in BBMB case

The Punjab and Haryana High Court on Friday permitted the State of Punjab to make Haryana a party to its petition seeking directions to quash Bhakra Beas Management Board’s actions of allegedly allowing “illegal” water allocation to Haryana beyond its agreed share.

As the onset, Punjab Advocate-General Maninderjit Singh Bedi prayed for a short adjournment to implead State of Haryana as a party. “Let the same be done by filing appropriate application,” the Bench of Chief Justice Sheel Nagu and Justice Sanjiv Berry asserted, while fixing the case for further hearing on August 21.

The direction came after the Bench was told that the core issue was with respect to Haryana. “We are the aggrieved State”, a counsel told the court. He added that Haryana had not implicated as a necessary party. Referring to the need for making Haryana a party to the litigation, the Bench observed the State could be affected if an adverse order passed by the high court in the matter. Senior advocate Gurminder Singh was also present before the court on Punjab’s behalf, while Additional Solicitor-General of India Satya Pal Jain and panel counsel Dheeraj Jain appeared for the Union of India.

Alleging “jurisdictional overreach” and violation of established water-sharing norms, Punjab had earlier asserted: “The petition has been filed by Punjab challenging the jurisdictional overreach and arbitrary actions of BBMB, particularly in relation to the illegal allocation of water from Bhakra Nangal Dam to the State of Haryana beyond its agreed share.”

Among other things, Punjab prayed for appointment of a neutral and impartial Chairman through a process involving all partner States. It said: “Despite exhausting its share, BBMB allowed Haryana to receive 8500 cusecs of water daily, without any legal authority or consent from Punjab”.

The petition asserted that the BBMB, constituted under Section 79 of the Punjab Reorganisation Act, 1966, for operation and maintenance of water and power infrastructure and to regulate supply of water strictly in accordance with agreement among the partner States.

“Punjab had repeatedly raised objections to overdraws by Haryana and Rajasthan, which were disregarded. BBMB’s actions were based on an unrecognized technical committee meeting and later Board meetings convened in clear violation of BBMB’s own rules. The matter was referred to the Union Power Ministry under Rule 7 of the BBMB Rules, but BBMB unlawfully continued holding meetings and making decisions even after such reference,” the petition read.

The State added BBMB’s actions were without jurisdiction as it lacked authority to alter inter-state water shares, which was the exclusive domain of a tribunal under the Inter-State River Water Disputes Act, 1956. “The BBMB is only empowered to regulate supply as per existing agreements, not to unilaterally allocate excess water. No indent was placed by the competent authority (Executive Engineer, BML, Patiala) for the additional water, violating operational rules,” it added.

The petition added the Board meetings held on April 30 and May 3 were convened in contravention of BBMB Regulations as minimum notice period of seven days for urgent meetings and circulation of agenda 12 days in advance were not adhered to.

“The decision by the Union Home Secretary dated May 2 directing release of water to Haryana was taken independently based on one-sided inputs from BBMB, and not on proper adjudication.