Chandigarh:
The Supreme Court on Wednesday reprimanded the Punjab government for defying a 21-year-old order to build the side of a canal connecting the Sutlej and Yamuna rivers, and warned the ruling Aam Aadmi Party to comply with its orders follow under penalty of further action. A bench headed by Justice SK Kaul told the Punjab government to “accept”. Maryada (decorum) of the Supreme Court”.
The court told Chief Minister Bhagwant Mann’s government “…don’t force us to issue harsh orders”, and directed the Center to monitor talks between Punjab and Haryana governments on the issue; the latter has completed the construction of half the canal.
A bench that also included Justice CT Ravikumar and Justice Sudhanshu Dhulia also told the Center to take over and complete the pre-construction land surveys and relist the case for January.
“We are concerned about the (non-)implementation of a decree for construction of a canal (in the) Punjab portion. We would like the Union of India to inspect the allocated portion of the land… There should be a an estimate must be made of the extent of the construction (necessary)…”, the court said.
During today’s hearing, the lawyer for the Punjab government blamed pressure from opposition parties and problems in acquiring land from farmers.
“There may be political implications (but) something has to be done. A canal will have to be constructed in Punjab…don’t force us to issue harsh orders,” an irate top court replied.
Earlier, the Haryana side had said, “All that is left is construction. Of course, Punjab has to cooperate. That is what federalism is about… we have to move forward.”
“You (the two states) will resolve the matter together… do not force us to issue strict orders,” the court said. “We can’t comment on it… you’ll have to find a solution.” The court then turned to the Centre’s representative and asked, “Yes, Union of India, what are you doing?”
Today’s hearing comes a week after Mr Mann met Union Home Minister Amit Shah in Amritsar and strongly opposed the construction of the canal from his side. Terming the canal as a “highly emotive issue” for Punjab, he said its construction could lead to law and order problems.
READ | Give Chandigarh to Punjab, no spare water to share: Bhagwant Mann
Congress, AAP, BJP respond
In a rare show of unity, the Congress and the BJP have both backed the AAP government.
Congress leader Amarinder Raja Warring said, “We respect the Supreme Court, but Punjab has no water to give to anyone. We cannot give water by destroying the rights of our people.”
I think it’s a good choice I think I’m doing a good job I think it’s a good thing I think I’m doing a good job I think it’s a good thing
Yes @BhagwantMann I think I’m doing it right I don’t know what to do…— Amarinder Singh Raja Combatant (@RajaBrar_INC) October 4, 2023
Mr Warring appealed to Mr Mann to send “the best lawyers” to argue Punjab’s case in the Supreme Court. “Earlier, Punjab was going through a dark period due to this problem, so it should be resolved.”
BJP’s Punjab chief Sunil Jakhar, who was earlier a Congress leader, tweeted: “Let me repeat: Punjab does not have a drop of water to share – period!”
Responding to the court’s rebuke, the AAP government underscored that point — that it “does not have enough water left for other states” — and that water availability needed to be reassessed.
“…the underground water level has changed over the last 70 years. A tribunal should reassess the availability of water in Punjab…a thousand hectares of land (are) already (in) a dark zone. Land has been declared, so we neither have land or water left for the canal,” said spokesman Malwinder Singh Kang.
“We will take our stand in the Supreme Court and share it with the Centre.”
What the court said earlier
At the last hearing in the case – four years ago in July – the court ordered the chief ministers of Punjab and Haryana (then Amarinder Singh of the Congress and Manohar Lal Khattar of the BJP, respectively) to meet and find an amicable solution to the dispute to find. .
Sutlej-Yamuna Link Canal Row
The problem stems from a controversial 1981 water-sharing agreement brokered by Haryana and carved out of Punjab in 1966. For effective allocation, the canal had to be constructed and the two states had to construct respective sections within their territories.
In 2004, the then Punjab government passed a law scrapping the SYL deal and similar pacts.
The Supreme Court struck back in 2016 and struck down the law. However, Punjab went ahead and returned the land on which the canal was to be built to the landowners.