Resolve 20 sticky issues: Northern states to SC

  • 20/01/2014

  • Tribune (New Delhi)

Punjab, Haryana, Himachal Pradesh and Jammu and Kashmir today submitted to the Supreme Court a list of 20 contentious issues over the hydel projects on Ravi, Beas and Sutlej rivers for a judicial resolution. Among the main issues is whether all these projects “being unilaterally undertaken by Punjab by excluding participation of other states should be undertaken, administered, operated and maintained by the Bhakra Beas Management Board (BBMB) or any other neutral central agency” in view of the historical, factual and legal background of the use of waters of the three eastern rivers by the states. The SC would also decide whether the Punjab Re-organisation Act 1966 “contemplates” administration of Madhopur Headworks, Ranjit Sagar Dam Project and the Shahpur Kandi Dam Project by BBMB. It would also go into the impact of the Punjab Terminal of Agreement Act 2004 on the entitlement of Jammu and Kashmir to Ravi waters. The 2004 Act had covered “all agreements relating to the Ravi Beas waters including the agreement dated 31.12.1981 signed by the Chief Ministers of the states of Punjab, Haryana and Rajasthan.” The issues, framed on the original suit filed by Haryana in 2009, also include Himachal’s entitlement to its rights and interest in the Ranjit Sagar Dam as per the provisions of the January 19, 1979 agreement between HP and Punjab. The main point on which Haryana has sought SC ruling is whether it has a legal right to be associated with all the projects for generating power, constructed or to be constructed, on river Ravi and receive its proportionate share of power therefrom. After going through the 20 issues, a Bench comprising Justices CK Prasad and Kurian Joseph today asked the states to file affidavits of evidence within eight weeks. Thereafter the suit would go to the court Registrar for cross-examination of witnesses. Questioning the maintainability of Haryana’s suit under Article 131 of the Constitution, Punjab has claimed exclusive legal right to undertake any project on its territory for producing hydro power by non-consumptive use of water. “Whether Haryana has at all any legal right to a share in the power generated from the Anandpur Sahib Hydel Project, Thein Dam Project, UBDC Stage-II and Shahpur Kandi Hydel Scheme,” it wanted to know. Appearing for Punjab, senior advocate Rupinder Singh Suri today pleaded against allowing HP and J&K to submit their contentious issues in the suit. If they wanted any relief, they should file separate suits, he contended. The Bench said Punjab could raise this point at the time of arguments on the maintainability of the suit. “Framing of issues does not mean something is decided against you. When the court takes a holistic view, it will consider whether to take HP’s issues into account,” the Bench assured Punjab. Row over rivers Four states — Punjab, Haryana, HP and J-K — submitted to the SC a list of 20 contentious issues over the hydel projects on Ravi, Beas and Sutlej rivers for a judicial resolution Among the main issues is whether all these projects “being unilaterally undertaken by Punjab by excluding participation of other states should be undertaken, administered, operated and maintained by the BBMB or any other neutral central agency” The SC would also decide whether the Punjab Re-organisation Act 1966 “contemplates” administration of Madhopur Headworks, Ranjit Sagar Dam Project and the Shahpur Kandi Dam Project by BBMB.