New Delhi, April 15
The Supreme Court today accepted Haryana’s plea for an early hearing of its application for vacating the 2007 SC order, restraining the state from using the 109-km Hansi-Butana canal for meeting the drinking water and irrigation needs of drought-prone areas in the south-western region of the state.

A Bench comprising Justices CK Prasad and PC Ghose posted Haryana’s application for detailed hearing on April 24. It would be taken up as the first item immediately after the court assembles that day.

Arguing for Haryana, senior advocate Vinod Arvind Bobde pleaded for a decision before the beginning of summer as the Centre had alerted all states about a possible drought this year due to the El Nino effect.

The state had already spent Rs 354 crore on the construction of the intra-state canal for effective utilisation of its share of water from the Bakhra Main Line (BML), he said. Senior counsel Rajeev Dhavan and KK Venugopal, appearing for Punjab and Rajasthan, respectively, opposed Haryana’s plea for vacating the SC stay, contending that allowing the plea would amount to disposing of Punjab’s original suit in this regard. Once Haryana was allowed to use the canal, it would become fait accompli and irreversible and nothing would survive in the 2007 suit against the canal, which would cause floods in Punjab and reduce the flow of water to Rajasthan, they contended.

Punjab and Rajasthan pointed out that the SC had already considered Haryana’s plea on four occasions and decided against vacating the stay, pending disposal of the suit. Further, the process of leading evidence in the suit was nearing completion and as such there was no point in passing another interim order, they pleaded.

“Also, since water disputes always cause a little bit of tension, we request the court not to add to the tension,” they said. Nevertheless, Bobde pleaded that “Haryana wants an order before the summer because of the El Nino alert by the Centre.”

The Bench said since all states had concluded their pleadings on Haryana’s application, it would hear the matter early.

In the event of the apex court not willing to allow Haryana to puncture BML, pending disposal of Punjab’s suit, Haryana has suggested that it be permitted to use draw water either through siphons or pumping without tampering with the BML embankment.