SC refuses to entertain Punjab's plea against HC order over release of extra water to Haryana
The Supreme Court on Monday refused to entertain the Punjab government's petition against the Punjab and Haryana High Court’s order requiring it to abide by the May 2 decision taken in a meeting chaired by the Union Home Secretary over the release of 4,500 cusecs of extra water to Haryana.
On behalf of the Punjab government, senior advocate Abhishek M Singhvi told a Bench of Justice Vikram Nath and Justice Sandeep Mehta that Haryana was already exceeding its entitlement beyond 100% and on "humanitarian grounds" Punjab gave 4,000 extra cusecs to Haryana.
“It’s a matter of emotive importance for both states," Singhvi said, adding the high court had asked Punjab to comply with the May 2 decision which says 4,500 cusecs extra water be given to Haryana.
Solicitor General Tushar Mehta, representing the Bhakra Beas Management Board, said a decision was taken by the board after hearing all the parties but Punjab sent a police force at the Bhakra Nangal dam site so that water was not diverted.
"One state police deploying their force there was not in good taste...ultimately, we or they, these are our people. Haryana or Punjab, they are citizens of India,” Mehta submitted.
He referred to the high court's directions, which said, "Punjab and any of its functionaries including police personnel are restrained 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 BBMB."
The top court said any observations made in the high court order should not affect any further decision that might be taken by the appropriate authority in appropriate proceedings.
The home secretary chaired a high-level meeting which advised executing BBMB's decision to release 4,500 cusecs of extra water from Bhakra Dam to Haryana for the following eight days to meet the state's urgent water woes.
The BBMB's technical committee decided on April 23 that 8,500 cusecs of water would be given to Haryana.
The high court had said Punjab was always free to extend security to Bhakra Nangal dam and the BBMB personnel as per law.
The court said in case Punjab was "not agreeable to any decision taken by the Bhakra Beas Management Board, then 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, which if made, shall be decided by the Central Government, expeditiously".
The Punjab government maintained it was already providing 4,000 cusecs of water to Haryana on "humanitarian" grounds and refused to give 4,500 cusecs more, claiming the neighbouring state had already utilised its allocated share by March. (With PTI inputs)
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