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Time of India
3 days ago
- Politics
- 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.
Time of India
27-05-2025
- Politics
- Time of India
‘Allowed water to enemies': Central govt's counsel invokes Guru Gobind Singh in HC
10th Sikh master Guru Gobind Singh CHANDIGARH: Opposing Punjab govt's plea against allocation of additional water to Haryana from BhakraNangal dam project, the central govt's counsel on Monday invoked 10th Sikh master Guru Gobind Singh, who had allowed water to even his enemies. During the resumed hearing of the matter, additional solicitor general (ASG) Satya Pal Jain, representing the Centre, narrated an incident in the courtroom where the Sikh Guru had summoned Bhai Kanhaiya to explain a complaint about his actions on the battlefield. Jain explained that when Guru Gobind Singh asked Bhai Kanhaiya about the Sikh soldiers' claim that he was serving water to the enemy, allowing them to recover and fight again, Bhai Kanhaiya responded to the Sikh Guru, saying: 'It is true, but I saw no Mughal or Sikh on the battlefield, I only saw human beings. ' Jain added the Guru was pleased with the reply, and he also gave some medicines to Bhai Kanhaiya, telling him: 'From now on, you should also put this medicine on the wounds of all who need it.' Jain also submitted to the bench that during the May 2 meeting chaired by Union home secretary on water dispute, two officers from the Punjab govt were also present and they had not come forward to dispute the decision taken in the meeting till date. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like 5 Books Warren Buffett Wants You to Read In 2025 Blinkist: Warren Buffett's Reading List Undo Contesting Jain's claims, senior advocate Gurminder Singh, while representing the Punjab govt, submitted that according to Article 166, the Union govt is required to record the conduct of business, but the same was not recorded. He claimed that the minutes of the May 2 meeting were recorded only on May 9. 'Farman-e-Shahi is not recognised by our Constitution,' the Punjab counsel submitted while objecting to the proceedings of the May 2 meeting. After hearing all parties, the division bench comprising Chief Justice Sheel Nagu and Justice Sumeet Goel reserved the verdict. In this case, the Punjab govt had approached the high court to seek a recall or modification of its May 6 order, which directed the state to comply with the May 2 meeting decision, chaired by the Union home secretary, on releasing additional water to Haryana from the Bhakra dam. The state had 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 is affected, the matter is to be referred to the central govt through the chairman of the Bhakra Beas Management Board. However, despite the matter being already referred to the central govt for deciding the issue under Rule 7 of BBMB Rules 1974 and no decision being taken on it, the board again convened a meeting on April 30, wherein, without any adjudication by the competent authority, it decided to release 8,500 cusecs of water to Haryana.
Time of India
21-05-2025
- Business
- Time of India
Centre backs BBMB decision to release extra water to Haryana
Chandigarh: Validating the Bhakra Beas Management Board's (BBMB) move to release additional water to Haryana, the central govt has stated that no intervention is required under Rule 7 of the BBMB Rules, 1974, at this stage. The Centre has pointed out that the water level in Bhakra reservoir has increased since the last technical committee meeting (TCM), and considering this, water may be supplied to the partner states of BBMB depending on their requirements. Further requesting the high court to direct Punjab to comply with HC's May 6 and 9 orders, the Centre has prayed for dismissal of Punjab govt's plea with cost. According to the Centre, it has not received any reference from Punjab under Rule 7 BBMB Rules 1974. These submissions have been made by the power ministry through Anil Kumar Gautam, deputy director (BBMB desk) in response to the petition filed by the Punjab govt to seek clarification/modification of the May 6 order. The power ministry has informed that considering the urgent water requirements of Haryana, the Technical Committee Meeting (TCM) held on April 23 decided to release 8500 cusecs water for 8 days -- April 24 to May 1 -- from BBMB dams to Haryana. Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Trading CFD dengan Teknologi dan Kecepatan Lebih Baik IC Markets Mendaftar Undo However, the decision of the meeting could not be implemented due to non-cooperation from Punjab. The issue was, therefore, deliberated in the board meeting held on April 28 without any consensus. It has been further stated that BBMB on April 29 had forwarded the reference dated April 29 from Haryana who requested to refer the matter to central govt under Rule-7 of BBMB rules 1974. The matter has been examined in the light of Rule 7 of BBMB Rules 1974. Thereafter, the BBMB was advised by this ministry on April 29 to resolve the issue in the board as per provisions of BBMB Rules 1974. Accordingly, on April 2025, the board, by majority, resolved to release 8500 cusecs from May 1 for 8 days, even without placing the indent by Punjab as one-time exception/relaxation considering the reservoir level, historical data, IMD monsoon forecast and ongoing water crisis in the states of Haryana and Rajasthan. "The compliance of the decision was also advised in the meeting taken by the Union home secretary on May 2 with Punjab, Haryana, Rajasthan and BBMB. The reading of the rule states that 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, the reference forwarded by the BBMB for a decision by the central govt does not relate to a question of policy or the rights of any participating state, rather it was an operational matter," the Centre informed the HC. Now, the case would come up for hearing on May 22, when the state of Punjab would file rejoinder to the Centre's reply. BBMB requests to CS, DGP Punjab The court has been informed that the BBMB chairman on May 3, 5 & 7 requested the Punjab chief secretary to direct the concerned officers and functionaries of the govt to cooperate in implementing the decisions of the BBMB. Further secretary, BBMB, on May 11, also requested the Punjab DGP to consider taking necessary action to remove unauthorised persons from the BBMB sites, Nangal Dam and Lohand regulation gates, so that normal operation for regulation of water supplies may be resumed. Subsequently, on May 14, director (security) BBMB also requested DGP Punjab for this. Increased water flow The reservoir level at Bhakra was 1557.77 feet (1290 live storage) on April 23 and was up to 1559.86 feet (1330 MCM-Live storage) as on May 15. The outflow during the last 5 days was 73809 cusecs days (@ 14762 cusecs per day) and the inflows during the last 5 days had been 84147 cusecs days (@16829 cusecs per day). Normally, the Bhakra reservoir level on May 20 is targeted not to go below 1506 ft to keep some cushion for delayed monsoon. Excess water to Punjab The Centre has also clarified that as decided in the BBMB meeting of May 3, the technical committee constituted for the deciding water releases from the dam will provide this excess water to Punjab during the filling period of dams to fulfil any additional requirements. Hence, BBMB may take further decisions in this regard in the next TCM and board meeting.
Time of India
15-05-2025
- Politics
- Time of India
High court seeks reply from BBMB, Haryana, Centre on Punjab's plea to recall order on additional water release
Chandigarh: The Punjab and high court on Wednesday asked the (BBMB), Haryana, and the Centre to submit a response to a Punjab govt petition seeking a recall or modification of its May 6 order directing it to comply with the decision of the 's meeting on releasing additional water to Haryana from the Bhakra next hearing is on May 20, when the issue related to contempt against officials of the Punjab govt for non-compliance with the high court order is pending for the hearing, senior advocate Gurminder Singh, representing the Punjab govt, argued that the BBMB had effectively obtained a mandamus against the law through misrepresentation of facts. Tired of too many ads? go ad free now Singh pointed out that constitutional provisions restrict the jurisdiction of courts in interstate water response, the BBMB's counsel questioned the Punjab govt's move to file a modification petition, suggesting that the correct course of action would have been for Punjab to file a writ of prohibition against the decisions made by the fresh plea claims that the May 6 high court order was passed after the BBMB concealed material facts in its original petition. The state argued that matters involving policy decision or issues affecting state rights should be referred to the central govt through the chairman of the board. However, despite the matter already being referred to the Centre for a decision under Rule 7 of BBMB Rules 1974, the board convened a meeting on April 30 and decided to release of 8,500 cusecs of water to Haryana, Punjab application further highlighted that while the BBMB petition referenced the indent made by Haryana, it concealed the fact that Haryana had sought to refer the matter to the central contended that a decision to release an additional 4,500 cusecs of water to Haryana was made in the May 2 meeting, but it was not brought to the notice of the high court that the Union home secretary was not the appropriate competent authority to adjudicate as per Rule 7 of BBMB Rules 1974."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, the state of Haryana, and the Union of India before the high court. 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 matter," the counsel for the Punjab submitted before the 121165711 413 |
The Print
14-05-2025
- Politics
- The Print
Water-sharing dispute: Punjab & Haryana HC adjourns review plea to 20 May, Mann claims victory
Punjab government's petition challenges the court's 6 May order directing the release of additional water to Haryana, amidst an escalating dispute over water-sharing by the Bhakra Beas Management Board (BBMB). 'The adjournment of the case to 20 May means we have emerged as the winners. We didn't give them (Haryana) a single drop of additional water. We fought in the courts, stood with the state's rights,' the Punjab chief minister said at an event in Ludhiana. Gurugram: The Punjab and Haryana High Court Wednesday adjourned to 20 May Punjab's review petition against its earlier order of supplying additional water from the Bhakra Dam to Haryana, which Chief Minister Bhagwant Mann termed their victory, as the fresh supply cycle anyway begins that day. Mann took to X Wednesday, posting videos of his speech during the inauguration of a few development projects at Ludhiana. 'I was to come for this inauguration when I was informed that the BBMB people were about to open doors to release additional waters for Haryana. So, I decided to move towards Nangal first. I went there and stopped them from releasing the water. Today, our case was heard in the high court. It has now been adjourned to 20 May,' he said. Then, with a sneer on his face, and amid applause by the audience, he added, 'On the night of 20 and 21 May, we will anyway give them water.' The bench of Chief Justice Sheel Nagu and Justice Sumeet Goel issued notices to the central government, Haryana government and the BBMB, seeking their responses to Punjab's plea by 20 May. Punjab has requested the cancellation or modification of the 6 May order, alleging the BBMB concealed crucial facts to secure the decision. Punjab also referred to a meeting chaired by the Union home secretary, which it argued lacked procedural legitimacy. Citing Rule 7 of the BBMB Rules 1974, Punjab stated that any policy decision affecting a state's rights must be referred to the central government for a decision. Punjab argued that it had already taken up the matter to the Centre, but no response was received, yet the BBMB proceeded with a meeting on 30 April—without Punjab's representation—and decided to release additional water to Haryana. The water-sharing dispute flared up again on 23 April, when Haryana demanded 8,500 cusecs of water from the Bhakra-Nangal project, 4,500 cusecs more than its current allocation of 4,000 cusecs. Punjab refused, arguing Haryana had already utilised 103 percent of its annual share—3.110 million acre-feet (MAF) of its allocated 2.987 MAF for the water year (September to August). For the current year, BBMB allocated 5.512 MAF to Punjab, 2.987 MAF to Haryana, and 3.318 MAF to Rajasthan. Punjab emphasised its own water scarcity, particularly with groundwater depletion, and the need for canal water for the upcoming paddy sowing season. Despite this, a BBMB technical committee in a meeting on 30 April, attended by Haryana, Rajasthan, and Delhi, voted to release additional water to Haryana, bypassing Punjab's dissent. Tensions flared on 1 May when Punjab deployed police at the Nangal Dam, 13 km downstream from Bhakra, to prevent the release of water, prompting BBMB to move the high court. The court's 6 May order restrained Punjab from interfering in BBMB operations and directed the release of 8,500 cusecs to Haryana, including 500 cusecs for Rajasthan and 496 cusecs for Delhi. However, on 8 May, BBMB Chairman Manoj Tripathi faced resistance when he arrived at the dam to oversee the release of water. Local residents and Aam Aadmi Party (AAP) leaders protested, allegedly detaining Tripathi at a guest house for over two hours. Tripathi later filed an affidavit, claiming the Punjab Police obstructed BBMB officials, who could release only 299 cusecs before they were stopped. Mann, arriving at the scene, declared that no water would be released until the Centre's official decision from the 2 May meeting was made public. Mann has consistently accused the BJP-led Centre and Haryana of undermining Punjab's water rights. BBMB manages water distribution from the Sutlej and Beas rivers, with the filling season for the Bhakra Dam typically starting around 21 May and lasting until 20 September, when monsoon rains replenish the reservoir. The depleting season begins 21 September and continues until 20 May. Each state's shares for the depleting and filling season are defined from their total respective shares. With the filling season starting on 21 May, Haryana will anyway be entitled to get its due share from midnight, 20 May, the day Punjab and Haryana High Court will resume hearing in the case. (Edited by Ajeet Tiwari) Also Read: Punjab slashing Haryana's Bhakra canal water share triggers political row, Centre likely to mediate
