Survey SYL land in Punjab: Supreme Court to Centre
Satya Prakash
New Delhi, October 4
The Supreme Court on Wednesday asked the Centre to conduct a survey of the land meant for the construction of the Sutlej-Yamuna Link (SYL) canal in Punjab to know how much work has been done and asked the Punjab Government to extend co-operation in the survey.
Decades-old dispute
1966: The state of Haryana carved out of Punjab
1981: An agreement for sharing water signed between Punjab and Haryana
1982: Construction of 214-km canal launched at Kapoori village in Punjab.
Haryana constructs its portion of canal, Punjab stops work, leading to multiple cases
1996: Haryana moves SC seeking directions to Punjab to complete work
2002: SC decrees Haryana’s suit, orders Punjab to honour its commitment
2004: Punjab Assembly passes law to terminate 1981 pact
2017: Punjab returns land — on which the canal was to be constructed — to owners
2023: The Centre tells the Supreme Court talks between the two states have failed
“We are concerned over the execution of a decree for the construction of the canal in the Punjab portion…We would like the Centre to survey the portion of the land in Punjab allocated for the canal… An estimate has to be made about the extent of construction made by Punjab,” a Bench led by Justice Sanjay Kishan Kaul told Additional Solicitor General Aishwarya Bhati.
Despite vehement opposition from senior counsel Shaym Divan, representing the state of Haryana, the Bench asked Bhati to furnish “certain information” with regard to the availability of water for the SYL canal in two months.
No land, water for canal, says Punjab
Punjab has no water to spare, nor is there any land with the government for the construction of the canal.
— Malwinder Singh Kang, AAP Spokesperson
The top court also directed the Centre, in the meantime, to look into the process of mediation to find an amicable solution to the vexed problem that has defied any solution for decades and posted the matter for further hearing in January 2024.
Centre must act fast on survey: Haryana
The Centre should now get the survey done at the earliest so that Haryana can get its share of water.
— ML Khattar, CM
While noting that the matter had political ramifications, the Bench made it clear that “the decree (in favour of Haryana) stands” and “something will have to be done” as Haryana has already constructed its part of the canal.
As Divan pointed out that there was an order of the Supreme Court for execution of the decree, the Bench said the canal had to be constructed and the decree had to be executed even as the Punjab Government counsel talked about decreased availability of water and other problems in the execution of the two-decade-old decree.
After Punjab’s refusal to construct its part of the SYL canal, the SC had on March 23 asked the Centre to play a more “pro-active role instead of being a mute spectator” to resolve the issue.
The Centre had earlier told the court that talks between the two states failed as Punjab had refused to construct its part of the canal and in 2016, Punjab de-notified the land acquired for the construction of the canal and returned it to farmers. “Therefore, construction of the canal now may raise law and order problems,” the Centre had said.
According to a report filed by the Centre earlier this year, the October 14, 2022, and January 4, 2023, meetings between the CMs of Punjab and Haryana concluded without any agreement.
Maintaining that a negotiated settlement of the SYL canal dispute could not be reached, the Haryana Government had on January 19 requested the Supreme Court to ask Punjab to implement its order to complete the construction of the canal.
