Chandigarh, May 6 The Punjab and Haryana High Court on Tuesday took exception to the ongoing water dispute between Punjab and Haryana, saying while India has to decide to take measures against Pakistan, the states within the country should not be doing the same against each other.
A Division Bench of Chief Justice Sheel Nagu and Justice Sumeet Goel was hearing a plea moved by the Bhakra Beas Management Board (BBMB) seeking intervention against the alleged takeover of the Nangal dam by Punjab and obstruction of the release of water to Haryana.
“We are doing this to our enemy country. Let us not do this within our states," Chief Justice Nagu remarked.
“The downstream states are going to go dry,” Senior Advocate Rajesh Garg informed the Bench on behalf of BBMB while objecting to the deployment of police personnel by Punjab at the dam.
However, the Punjab government argued that law and order are the prerogative of the state.
“Law and order is the state's subject. BBMB cannot say what police should do, or whether police would be deployed. They want illegal resolutions implemented. In such a delicate time when border tensions are there, please take into consideration,” Punjab counsel Gurminder Singh said.
Responding to Punjab’s counsel, Garg said Himachal Pradesh could make similar claims next over the Bhakra dam.
“Tomorrow, Himachal may say the same for the Bhakra dam. This dispute is related to the Nangal Dam, which is in Punjab,” he clarified.
The BBMB has approached the Punjab and Haryana High Court, accusing the Punjab government of forcibly taking control of the Nangal Dam and control room water regulation offices, obstructing the release of water to Haryana in alleged violation of constitutional norms.
In its petition, the BBMB has sought immediate intervention and a direction to the Punjab government to withdraw its police force, claiming the deployment is without legal authority.
The BBMB highlighted that at a meeting held on April 30, it had decided to release 8,500 cusecs of water to Haryana, to which Punjab objected.
“The action of the Punjab government is wholly unconstitutional and illegal and amounts to direct interference in the statutory functioning of the board, which is performing a function of national importance, which is sovereign in nature,” reads BBMB’s petition.
It added that the supply of water to Haryana or for that matter to any of the partner states is a matter of lifeline of the State concerned and any forcible action such as the one stated above by any of the partner States in the functioning of the Board would lead to “anarchy and lawlessness by the State itself.”
Additional Solicitor General Satya Pal Jain, representing the Central government, said the flow of water by BBMB is not only to Haryana, but also to Rajasthan and Delhi.
“If any state party has an issue with the resolution passed by the board to release water to Haryana, it must be challenged through appropriate legal means,” he said.
He added that the water to be released is not out of Punjab’s share and that the court may direct the Punjab government to remove the police force, allowing the BBMB to take control so that the flow of water can take place.
Advocate General for Haryana Parminder Singh contended that Punjab is opposing the distribution of water tooth and nail.
“Under the garb of protecting the dam, what are they doing. This is not their job. The demand of 8,500 cusecs is not just for Haryana but for Delhi and Rajasthan also -- 1,049 cusecs for Delhi and 850 cusecs for Rajasthan,” he added.
Singh added that the objections, if any, should be addressed through proper channels before the Central government and not through actions such as the deployment of state police.
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