BBMB goes to court, terms Punjab's dam takeover illegal; state accuses Haryana of mismanagement
Opposing a plea filed by the Bhakra Beas Management Board (BBMB) seeking intervention against Punjab's alleged obstruction of water release to Haryana, the state Monday informed the Punjab and Haryana High Court that Haryana had overdrawn its quota, and was now demanding irrigation water under the guise of drinking needs.
The matter was partly heard by a division bench of Chief Justice Sheel Nagu and Justice Sumeet Goel and will continue on Tuesday. The court also received two public interest petitions on this issue, one from a Haryana gram sabha.
BBMB, in its petition argued by Senior Advocate Rajesh Garg, and advocates Neha Matharoo and Mandeep Singh claimed that on May 1, Punjab deployed police personnel to take control of the Nangal Dam and Lohand Control Room Water Regulation Offices, thereby obstructing the release of 8,500 cusecs of water to Haryana as decided in board meetings. Garg termed Punjab's action 'unconstitutional and illegal,' and said it infringed on BBMB's statutory authority under the Punjab Reorganisation Act, 1966.
Garg said when confronted, Punjab tried to gloss over its takeover by sending a letter to BBMB Monday morning, saying that they had increased security at BBMB in view of the tensions with Pakistan following the April 22 Pahalgam terror attack.
BBMB said the decision to increase water allocation was taken in its Technical Committee meeting on April 23 to address reported drinking water shortages in Haryana, Rajasthan, and Delhi. The reallocation included 500 cusecs for Rajasthan and 496 cusecs for Delhi. Punjab, however, refused to comply beyond its voluntary offer of 4,000 cusecs, citing Haryana's overuse and mismanagement of its share.
Appearing for Punjab, Senior Advocate Gurminder Singh 'Garry' submitted that BBMB records dated April 20 confirmed that both Haryana and Rajasthan had already drawn more water than allocated. 'Not only has Haryana drawn beyond its share, it now wants the court to issue a mandamus for the release of Punjab's water to them. That too, on the pretext of a crisis which no longer exists,' said the former advocate general.
Garry informed the court that despite Haryana's overdraws, Punjab had, on humanitarian grounds, agreed to release 4,000 cusecs — more than double the 1,700 cusecs Haryana needs to meet its drinking water needs. 'This was an act of generosity, but they now want 8,500 cusecs, which is clearly for irrigation —particularly for paddy — and not for survival,' he argued.
He added that the original request from Haryana was due to temporary repairs on the Western Yamuna Canal (WYC), which had since been completed. 'That was the emergency they had cited. Now the repair work is over. The water supply has resumed. Their own record before the BBMB shows that the additional water was only needed till May 1. That date has passed,' he said.
Garry also criticised BBMB for procedural violations, accusing it of calling emergency meetings with only 24-hour notice instead of the mandatory seven days under Rule 4 of the BBMB Transaction of Business Regulations. 'Punjab raised objections as early as January 2025, warning of Haryana's consistent overdrawals. Yet, BBMB failed to act,' he submitted.
BBMB underlined that under the Bhakra Beas Management Board Rules, 1974, disputes should have been escalated to the Central Government, not resolved through force. It further warned of potential disaster due to the police's lack of expertise in dam operations.
The board sought a writ of mandamus to compel Punjab to withdraw its police force and vacate the premises, alongside an interim order restraining further interference. Additional prayers included summoning case records, dispensing with advance notice and certified annexures, and covering legal costs.
Reiterating that Punjab was committed to its voluntary allocation, Garry maintained that the state could not allow further diversion of its resources. 'We are not backing out of our commitment. But there is no question of agreeing to 8,500 cusecs now. The alleged emergency is over. What they are asking for is irrigation water disguised as a crisis,' he said.
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Aanchal Magazine is Senior Assistant Editor with The Indian Express and reports on the macro economy and fiscal policy, with a special focus on economic science, labour trends, taxation and revenue metrics. With over 13 years of newsroom experience, she has also reported in detail on macroeconomic data such as trends and policy actions related to inflation, GDP growth and fiscal arithmetic. Interested in the history of her homeland, Kashmir, she likes to read about its culture and tradition in her spare time, along with trying to map the journeys of displacement from there. ... Read More
The Hindu
3 days ago
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Water dispute: HC dismisses Punjab's plea seeking recall or modification of May 6 order
The Punjab and Haryana High Court has dismissed the Punjab government's plea seeking a recall or modification of its May 6 order which asked it to release water to Haryana. Punjab had sought a recall or modification of the high court's order pertaining to Union Home Secretary Govind Mohan's May 2 decision to release 4,500 cusecs of extra water to Haryana. The high court had directed Punjab to abide by the decision of the meeting held on May 2 under the chairmanship of the Union Home Secretary. Punjab had alleged concealment of "material facts" by the Centre, Haryana and the Bhakra Beas Management Board (BBMB) which led to the May 6 high court order. In the order that came out on Saturday, the division bench of Chief Justice Sheel Nagu and Justice Sumeet Goel dismissed the Punjab government's plea. Referring to the state of Punjab's assertion that disputes relating to water between two or more states emanate from Article 262 of the Constitution, pursuant to which Inter-State River Water Disputes Act, 1956, the court said, "Merely because this court held that Punjab Reorganisation Act, 1966 is a manifestation of Article 262 (1) of the Constitution, does not help the stance of State of Punjab in any manner in its attempt to seek re-calling/ modification of the order, unless the State of Punjab can show that because of this error, any prejudice has been caused to it, which is certainly not the case herein." The major thrust of Punjab's argument is as regards material concealment on the part of BBMB and Haryana by contending that the April 29 letter of Haryana, requesting the BBMB Chairman to refer the matter to the Centre was not brought to the notice of the court. "Taking up the ground of non-disclosure of the letter, it is obvious from reading of the said letter that the extraordinary meeting of the BBMB dated April 28 was held to execute the resolution dated April 23 of the Technical Committee of BBMB. However, this letter clearly reveals that the State of Haryana was aggrieved by non-execution of resolution of BBMB, especially regarding release of 8500 cusecs of water to Haryana. "Contents of letter April 29 further elicit that stance taken therein was that the BBMB was being monopolised by Punjab. Thus, the State of Haryana under Explanation - II to Rule 7 of 1974 Rules, requested the Chairman of the BBMB to refer the matter to Centre for implementation of earlier resolution," said the order. A close scrutiny of Rule 7 of 1974 Rules, along with both the explanations, reveals that in case of difference of opinion among the members on any question of policy or the rights of any of the participating states, the chairman shall refer the matter to the central government, which shall decide the same, it said. The court further stated that the April 29 letter does not relate to any dissent by Haryana but contains a request to the BBMB Chairman to refer the matter to the central government for the execution of the minutes of the April 28 meeting. Thus, in essence, the letter dated April 29 does not raise any dispute or difference of opinion of Haryana but merely seeks implementation of the April 28 resolution of the Technical Committee of the Board. As such, this letter cannot be treated as a reference to the Centre, the court held. Consequently, the April 29 letter of Haryana does not fall within the realm of "material fact", non-disclosure of which is hence inconsequential, it said. Regarding the ground of BBMB being incompetent to decide the issue once the matter was referred to the government of India is concerned, the order said since this court has held the April 29 letter not to be a reference to the government of India, the question of reference being pending with the government of India does not arise and, thus, BBMB was free to act in accordance with law. Referring to its May 6 order, the court mentioned that it disposed of the matter in the backdrop of an emergent situation that had arisen and any delay in resolving the dispute would have caused irreparable damage to millions of residents of different states, including Haryana, Rajasthan and Delhi. On May 20, Haryana, BBMB and the Centre had filed their replies to Punjab's plea which sought a review or modification of the high court's May 6 order. Haryana had earlier submitted that the application filed by Punjab is "complete abuse of the process of the court with an ulterior motive to wriggle out from the proceedings of contempt." Punjab and Haryana had been at loggerheads over the distribution of water with the AAP government refusing to share water from Bhakra Dam, saying the neighbouring State has already utilised its share of water.
Time of India
3 days ago
- Time of India
More water: High court rejects Punjab's plea against May 2 water order, says state free to approach Centre
Chandigarh: Punjab and Haryana high court dismissed the Punjab govt's plea to modify its May 6 order, directing the state to comply with the May 2 decision of the meeting —chaired by the Union home secretary—to release additional water to Haryana from the Bhakra Dams. However, the court said Punjab could refer the matter to the central govt for further consideration. "The state of Punjab is not left remediless, since it can always make a reference to the central govt in terms of Explanation – II to Rule 7 of 1974 Rules as per law...," the HC held. Regarding Punjab's ground of BBMB being incompetent to decide the issue once the matter was referred to the govt of India via a letter dated April 29 by Haryana, the HC held that the letter dated April 29 does not relate to any dissent by Haryana but contains a request to the chairman of BBMB to refer the matter to the central govt for execution of the minutes of the meeting dated April 28 of the technical committee of the board. "As such, this letter cannot be treated as a reference to the central govt. Consequently, Haryana's letter dated April 29 does not fall within the realm of 'material fact', non-disclosure of which is hence inconsequential," the HC held in its detailed order released on Saturday. Regarding Punjab's contention that the record of discussions/minutes of the meeting dated May 2, presided over by the Union home secretary, was non-existent, the HC clarified that since it was not a reference in terms of Explanation – II to Rule 7 of 1974 Rules, the very foundation for raising the said ground does not exist, and it is of no avail to Punjab. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Tired of High Power Bills? Plug in This Device elecTrick - Save upto 80% on Power Bill Learn More Undo In this case, the Punjab govt approached the HC seeking a recall or modification of its May 6 order, which directed the state to comply with the May 2 meeting decision on releasing additional water to Haryana from the Bhakra Dam. The state claimed that the direction in question was passed on account of concealment of material facts by BBMB in the petition. According to Punjab's plea, in case of any policy decision or where the rights of any state are affected, the matter is to be referred to the central govt through the chairman of the board. However, despite the matter being referred to the central govt for deciding the issue under Rule 7 of BBMB Rules 1974, and no decision thereupon being taken, the board again convened a meeting on April 30, wherein, without any adjudication by the competent authority, it decided the issue of releasing 8,500 cusecs of water to Haryana.
