BBMB row: In high court, Punjab accuses Haryana govt, Centre of concealing fact
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Chandigarh: Punjab govt on Thursday submitted before the Punjab and Haryana high court that the Centre and Haryana govt had concealed facts before it with regard to a meeting called by the Union home secretary on May 2.
A division bench of Chief Justice Sheel Nagu and Justice Sumeet Goel was hearing arguments on Punjab govt's plea seeking a review or modification of its May 6 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 on May 6 had directed Punjab to abide by the decision of the May 2 meeting held under the chairmanship of Mohan.
Punjab submitted that the May 2 meeting was called on the issue of law and order, and not on the water-sharing matter, and this "fact was concealed" from the court.
Senior advocate Gurminder Singh, who appeared in the high court on Punjab's behalf, later said, "The BBMB held a meeting on April 28 where no decision could be taken. Haryana govt made a representation to the BBMB chairman to refer the matter to the Centre under Rule 7 of the BBMB Rules, 1974. On April 29, on the basis of the letter, and on the basis of a letter by CM Haryana Nayab Singh Saini to Union minister Manohar Lal Khattar, the issue was referred to the Centre.
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However, the meeting referred to before the court was convened by Union home secretary on the issue of law and order. This fact was concealed from the court. The court was also not told that the matter had been referred on April 29."
He added the Centre had earlier told the court that on May 2, it had taken the decision to release an additional 4,500 cusecs to Haryana. This decision was to be taken by the competent authority and was "illegal", he said.
"There was misrepresentation of facts collectively by Haryana, BBMB and Centre against Punjab. Secondly, the decision of May 2 (to release water to Haryana) has been placed on record on May 9 and its compliance could not have been given on May 6," he said, adding that minutes of the May 2 meeting have still not been provided and only records of discussion have been given, which have no legal parlance,' he said.
The case is listed for further hearing on Friday. As per the resolution passed by BBMB on April 30 by "majority vote", it had resolved to release 8,500 cusecs of water for eight days (April 24 to May 1), "as a one-time exception/relaxation" without "placing of indent" by Punjab. BBMB chairman Manoj Tripathi had, meanwhile, assured to look after the needs of Punjab during the filling period.
Later, at a meeting with the Union home secretary in New Delhi on May 2, the BBMB chairman claimed that the board's decision of April 30 could not be implemented due to "deployment of police force" by Punjab.
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