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SYL Issue: Centre Sends Inspection Team, Badal Clueless

December 9, 2016 | By Sikh Siyasat Bureau

Patiala: Whereas ruling Shiromani Akali Dal (Badal) and BJP were busy with the ‘Pani Bachao, Punjab Bachao’ rally in Moga on chief minister Parkash Singh Badal’s birthday on Thursday making tall claims about protection of riparians rights of Punjab, a Central team reportedly arrived in Punjab to make inspection of present situation of the controversial canal project.

The team will present its report to the Centre which, in turn, will submit a status report to the Supreme Court.

During its last hearing the Supreme Court of India  had asked the Punjab chief secretary, the DGP and Union home secretary, to submit a status report by December 15 in the wake of the state government’s November 16 decision to denotifiy the SYL land and return it back to farmers. The court had also ordered all parties to maintain a status quo on the matter.

As per the media reports Dilip Kumar, joint secretary from the ministry of home affairs along with the state irrigation officials, inspected the SYL canal in Patiala, Fatehgarh Sahib and Ropar districts. He also sought the revenue record pertaining to the canal. It has further quoted that, Kumar also took the photographs of the controversial  canal.

Media sources further added that the Punjab chief secretary and the DGP will inform the SC, in separate reports, that the land was de-notified and returned back to farmers. They said the state government would try to make the farmers a party in the case so that it could linger on.

It was on 10th November 2016 when the Supreme Court of India by declaring PTAA ( Punjab Termination of All Agreements) ultra vires  gave its verdict against the State of Punjab on the controversial Satluj Yammuna Link Canal and dictated its orders to make the aforesaid canal functional.

The following hard facts pertaining to the issue of Punjab’s river waters makes a  worthwhile clarity of this whole episode.

Loot of Punjab Waters – the (so-called) Agreements:

The Central Governments of India made ‘extra-legal and extra-constitutional arrangements’ (as these arrangements were made in violation of relevant provisions of the Indian Constitution) to allocate Punjab’s river waters to the afore-mentioned non-riparian states. These arrangements include the so-called agreements of 1955, 1976 (notification), 1981 (Indira Award) and 1986 (Eradi Tribunal). The Indian state used Section 14 of Interstate River Water Dispute Act, 1956 which was not applicable on Punjab rivers as Satluj, Beas or Ravi does not pass through Haryana, Rajasthan or Delhi. Similarly, section 78, 79 and 80 of Punjab Reorganisation Act, 1966 – under which Bhakhra Beas Management Board was constituted and other arrangements to loot the river water of Punjab were made – violate the Constitutional scheme by allowing the Centre’s interference in State’s exclusive subjects.

Punjab Termination of Agreements Act, Section 5 of PTAA and Punjab’s riparian rights:

The Punjab Termination of Agreements Act (PTAA) 2004 could be termed as a “murder” of Punjab’s riparian rights by none else than the Punjab’s own state assembly and elected representatives.

On 12 July, 2004 the Punjab Assembly passed PTAA in attempt to neutralise the Indian Supreme Court’s directions to complete the construction of controversial Satluj Yamuna Link (SYL) canal before 14 July, 2004. The law was moved by a Congress Government led by Captain Amarinder Singh and it was supported by the opposition Shiromani Akali Dal (Badal) and the Bhartiya Janta Party (BJP), thus this, the PTAA was passed unanimously by the state assembly.

Though the enactment of the PTAA had paused the issue of construction of the SYL for the time being, this law has done a larger damage. Before the enactment of the PTAA the river waters of Punjab were being robbed through illegal arrangements but since the adoption of Section 5 of the PTAA, illegal allocation of Punjab’s river water to non-riparian states has received the stamp of the Punjab Assembly.

It may appear strange, but it’s true, that in order to prevent construction of the SYL (that is supposed to carry out 34 LAF river water), the Punjab Assembly accepted and legalised the distribution of a major share of Punjab’s river water (around 147.5 LAF) to the non-riparian states of Rajasthan (86 LAF), Haryana (59.5 LAF) and Delhi (2 LAF).

It should also be noted here that according to Punjab’s ex-chief engineer G. S. Dhillon, Haryana is already getting 18 LAF (out of 34 LAF) by additional discharge from the Bhakhra Bias Management Board (BBMB) through the Bhakhra Canal. Mr. Dhillon maintains that the Hansi Butana Link canal project of Haryana aims at taking away the remaining 16 LAF (SYL) water (though extra discharge in Bhakhra Main Line to which Hansi Buntana will link at Samana area of Punjab) even without actual construction of the SYL canal.

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Related Topics: BJP, Indian State, Parkash Singh Badal, Punjab Politics, Satluj Yamuna Link (SYL) Canal, Shiromani Akali Dal (Badal), Supreme Court of India

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