Water dispute: Supreme Court defers hearing on Punjab’s plea

Satya Prakash

New Delhi, January 5

The Supreme Court today deferred the hearing on the Punjab Government’s original suit seeking a direction to the Centre to refer the water dispute among Punjab, Haryana, Rajasthan, Himachal Pradesh, Jammu and Kashmir and the NCT of Delhi to an interstate water disputes tribunal.

Maintaining that the present dispute can’t be settled though negotiations, the Punjab Government wanted the water dispute among these states to be referred to a tribunal for adjudication after reassessment of the availability of water and water needs of the respective states for agriculture and other purposes.

The submission

• Punjab has sought a direction to the Centre to refer the issue of water dispute among Punjab, Haryana, Rajasthan, HP, Jammu & Kashmir and Delhi to an interstate water disputes tribunal
• “The Yamuna basin of Haryana has lost its claim over the Ravi-Beas waters after the conclusion of the Yamuna Agreement dated May 12, 1994, and further proposed Sharda-Yamuna link,” it submitted

A Bench led by Justice Sanjiv Khanna deferred the hearing to May on Punjab’s original suit filed on February 5, 2015, seeking a direction to constitute an “appropriate tribunal” under Section 4 of the Inter-State River Water Disputes Act, 1956.

Punjab wanted the re-allocation of Ravi-Beas waters in view of the change in circumstances, including adjudication of the question whether Haryana and Rajasthan were riparian states or not.

During the brief hearing on Friday, Punjab was represented by Advocate General Gurminder Singh and advocate JS Gill while Haryana was represented by senior counsel Shyam Divan and Additional Advocate General Lokesh Sinhal.

The suit sought to highlight reduction in the availability of water from 17.17 MAF to 14.37 MAF (i.e. about 16 per cent) on account of climate change and availability of additional 4.65 MAF water to Haryana after the conclusion of the Yamuna Agreement dated May 12, 1994.

It talked about further availability of another 1.62 MAF to Haryana under the Sharda Yamuna Link proposed by the Government of India pursuant to the Supreme Court’s judgment in “Networking of Rivers” case. Punjab further submitted that its areas have a preferential right to use the Ravi-Beas water.

“The Yamuna basin of Haryana has lost its claim over the Ravi-Beas waters after the conclusion of the Yamuna Agreement dated May 12, 1994, and further proposed link of the Sharda Yamuna,” it submitted.

Talking about the present water use of Punjab, particularly in Ferozepur, Faridkot, Mukatsar, Moga and part of Sangrur, Mansa and Bathinda districts, it said, “These areas were allocated water legally before the reorganisation of the state and the people have continued to use wafer, leading to the development of legitimate expectations over the past five decades. It is essential to appreciate that parts of Ferozepur, Faridkot, Muktsar and Bhatinda districts are totally dependent on surface (canal) water, since the groundwater is brackish or saline and thus unfit for irrigation.”