Water-sharing row: Punjab restrained from interfering in BBMB ops
The court was dealing with a plea from the BBMB alleging that Punjab Police “forcibly took over” the operation of the Nangal dam
The Punjab and Haryana high court has restrained the Punjab government from interfering in water regulation work of Bhakra Beas Management Board (BBMB) at Nangal.
The high court bench of chief justice Sheel Nagu and justice Sumeet Goel expressed its displeasure over Punjab’s handing of the situation and directed that May 2 decision of the Union home ministry, allowing release of more water to Haryana, be implemented. If Punjab is not agreeable to the decision, the government can approach the Centre, it added.
“If this allegation of the BBMB is correct, then the deployment of police force for interfering in the management and functioning of the BBMB cannot be appreciated. Punjab Police cannot interfere in the day-to-day functioning of the BBMB,” the HC bench said while underlining that rules clearly provides for an alternative statutory remedy available to Punjab, which was of approaching the Centre against the BBMB’s decision.
“The state of Punjab in all fairness ought to have represented before the central government. No such representation has been made,” it remarked.
The court was dealing with a plea from the BBMB alleging that Punjab Police “forcibly took over” the operation and regulation of the Nangal dam and prevented release of water to Haryana, filed on Monday. It had termed Punjab’s Police deployment “illegal and unconstitutional” and “direct infringement/interference in statutory functioning of the board” and sought its removal.
Now, the court has directed the state government, including the police, not to interfere in the day-to-day functioning, operation and regulation of the Bhakra-Nangal dam and Lohand control room water regulation offices managed by the BBMB. However, the court said the Punjab government can continue with providing security.
The controversy started on April 28 when Haryana demanded 8,500 cusecs of water from the Bhakra dam, which was approved by the BBMB. However, Punjab refused to accept the decision and deployed police at the Nangal dam, 13km downstream from Bhakra, to stop the additional water release.
In the high court, the Bhagwant Mann-led Punjab government had claimed that while state police were deployed at the Nangal dam for security, they are not interfering with the operations of the BBMB and accused the board and Haryana of “stating a bunch of lies”.
The Centre, represented by additional solicitor general Satya Pal Jain, had maintained that all states are equal for the Centre and Punjab’s actions were not in “good spirit”. The BBMB resolution on release of additional water has to be challenged legally by Punjab, if it was not acceptable to it, Jain had told the court.
On the other hand, Haryana alleged that Punjab Police had taken control of the dam “under the garb of protecting” it.
The BBMB, established by the Union power ministry in 1966 under Section 79 of the Punjab Reorganisation Act, regulates water distribution from Bhakra, Nangal, Pong and Ranjit Sagar dams. As per the BBMB rules, disputes should have been escalated to the central government.
The Union home ministry on Friday directed the BBMB to release 4,500 cusecs of additional water to Haryana for eight days despite Punjab’s objections. Punjab has maintained that Haryana had already utilised 103% of its allocated share by March and that it currently provides 4,000 cusecs to Haryana on what it describes as “humanitarian” grounds.
