Punjab files plea to recall high court order on Bhakra water release

Time of India

12-05-2025

Chandigarh: The Punjab govt has filed a petition in the Punjab and Haryana high court seeking a recall or modification of the court's May 6 order directing the state to comply with a decision made during a May 2 meeting chaired by the Union home secretary regarding the release of additional water from the Bhakra Dam to Haryana.The Punjab govt's plea contends that the May 6 order was based on misleading information and concealment of key facts by the Bhakra Beas Management Board (BBMB).According to Punjab, the board's petition failed to disclose that the matter had already been referred to the central govt for decision-making under Rule 7 of the 1974 BBMB Rules.
Despite this, a meeting was convened by the BBMB on April 30, which, without proper adjudication by the competent authority, decided to release 8,500 cusecs of water to Haryana.Punjab also informed that in the petition filed by BBMB, although a reference was made to the indent made by Haryana, the material fact regarding the state's request to refer the matter to the central govt was concealed.Punjab also pointed out that the Union home secretary, who chaired the May 2 meeting, was not the appropriate authority to decide on water allocation issues according to Rule 7 of the BBMB Rules. The state also mentioned that the meeting convened on May 2 was related to law and order concerns and could not legally decide on water allocation."The applicant state is aggrieved by the direction passed as a result of completely erroneous, factually incorrect, and legally unsustainable submissions made by the BBMB, Haryana, and the Union of India before the HC. The correct facts came to light when the Union of India produced before this court the letter dated May 9, along with the undated record of discussion of the meeting dated May 2. It is apparent that neither was the Union home secretary competent to decide the issue regarding the allocation of water under Rule 7 BBMB Rules of 1974, nor were the minutes ever circulated to the concerned states before May 9, which was the last date of hearing in the present matter," said Punjab's plea.An official spokesperson said that the Punjab govt argued in the petition that the BBMB was attempting to "illegally divert Punjab's water to Haryana at the behest of the BJP-led Centre".The Punjab govt said that no official minutes of the May 2 meeting were ever provided to state authorities. Only a press note was circulated, which cannot be considered an official record of decisions made, it said."How can an order be implemented when no formal decision was made in the first place?" questioned the state govt, saying that the BBMB overstepped its authority by attempting to release water to Haryana without completing the required legal process.The Punjab govt highlighted that even the Centre failed to produce official minutes of the May 2 meeting when directed by the court, instead presenting only what they termed a "discussion record".The matter will come up for hearing on Wednesday.BOX'Home Secy Lacked Authority'Punjab argues that the Union home secretary, who chaired the May 2 meeting, lacked the legal authority to decide on water allocation, which should fall under a competent authority as per BBMB rules.Punjab contends that no official minutes were recorded from the May 2 meeting; only a press note was shared, which cannot be treated as a formal decision document for court compliance.Punjab accuses BBMB and BJP-led central govt of trying to "illegally divert" water to Haryana.MSID:: 121109824 413 |