No provision to hand over Ravi projects to BBMB: Centre to SC
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11/02/2013
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Tribune (New Delhi)
The Centre has taken a stand in the Supreme Court that there is no legal provision to place the Thein Dam/Ranjit Sagar Project and the Shahpur Kandi Dam Project, both on Ravi river, under the Bhakra Beas Management Board (BBMB) as sought by Haryana in its suit.
“It is clear from a perusal of Section 78 to Section 80 of the Punjab Reorganisation Act, 1966 that the projects regarding which the present suit has been filed were never placed nor contemplated to be controlled and managed by the BBMB,” the Union Ministry of Power has maintained in an affidavit filed in the SC.
Further, the BBMB Act also had no provision for bringing other projects under the Board. It was, however, for the SC to decide the matter “on its legal and Constitutional merits taking into account the facts and circumstances of the case,” said the Centre, which was represented by Additional Solicitor General Mohan Jain.
In its suit, Haryana has opposed Punjab’s control over the Shahpur Kandi Dam, Modhopur Head Works and Thein Dam/Ranjit Sagar Project. The Centre has filed the affidavit in response to the notice from the SC which also sought the views of Rajasthan, Himachal Pradesh and Jammu and Kashmir.
When the matter came up for hearing today before a Bench comprising Justices CK Prasad and FMI Kalifulla, senior advocate Altaf Ahmed, who appeared for Haryana, contended that Rajasthan, Himachal Pradesh, J&K and Haryana “are one on the issue.”
“We have BBMB for other projects. We want a similar arrangement for these projects in the interest of partner states” and did not want Punjab to implement and control them, he said. After approaching the SC with its suit, Haryana has filed an application seeking to restrain Punjab from going ahead with executing the Shahpur Kandi Dam Project on the Ravi River. Its senior counsel Altaf Ahmed today pleaded with the SC to take up the application on an urgent basis.
In the application, Haryana has also pleaded that the Centre should stop releasing further funds for the dam project and implement it either on its own or through the BBMB or such other agency.
According to Haryana, Punjab building the Shahpur Kandi Dam, the third on river Ravi, would further reduce the flow of water downstream, affecting the lower riparian states. Punjab was going ahead with the work without the consent of Haryana and other states that would be affected, Haryana has contended.
The state has also sought a decree declaring that Haryana is entitled to share power from the Anandpur Sahib Hydel Project, Kukerian Hydel Project, Thein Dam, UBDC Stage-II and Shahpur Kandi hydel scheme, in proportion to its share in the waters.
Haryana should be given a legal right to the legal documents, records and data relating to the release patterns of the three projects. The state also wants to have information, data, project reports and other details such as the detailed project report relating to these projects so that it could have a say in such matters. Work on Shahpur Kandi Dam should commence only after this exercise is exercise is completed.
According to Punjab, it has spent Rs 190 crore on the Rs 2,200 crore Shahpur Kandi Dam. According to J and K, the project is supposed to come up under an agreement reached with it more than 12 years ago on the condition that it would get a share of the power generated from it. So, it is also opposed to allowing the project to be set up solely by Punjab.
Water sharing
Haryana had opposed Punjab’s control over the Shahpur Kandi dam, Modhopur Head Works and Thein Dam/Ranjit Sagar Project
It said Punjab building the Shahpur Kandi Dam, the third on Ravi, would further reduce the flow of water downstream, affecting the lower riparian states and sought to restrain Punjab from going ahead with executing the project
Punjab says it has spent Rs 190 crore on the Rs 2,200 crore Shahpur Kandi Dam
J-K says the project is supposed to come up under an agreement reached with it more than 12 years ago on the condition that it would get a share of the power generated from it; so, it is also opposed to allowing the project to be set up solely by Punjab