Share in Bhakra: SC asks 4 states to reduce differences

  • 17/12/2013

  • Tribune (New Delhi)

The Supreme Court today asked Punjab, Haryana, Himachal Pradesh and Jammu and Kashmir, besides the Centre and the Bhakra Beas Management Board (BBMB), to sit together and “make an endeavour” to narrow down their differences over their rights in river projects. A Bench comprising Justices CK Prasad and Kurian Joseph passed the order after counsel representing the states told the court that their clients had framed issues to enable the court to adjudicate the original suit filed by Haryana in 2009. The Bench, however, advised the parties to make further efforts to identify common issues so that the court would be left with only contentious points for resolution. Granting time for this purpose, the Bench listed the next hearing for the third week of January 2014. Haryana has framed as many as 10 issues for adjudication by the SC, followed by Punjab and Jammu and Kashmir (eight each), Himachal Pradesh (two) and BBMB (one). Additional Solicitor General Mohan Jain had informed the court that the Centre would take a neutral stand on the issue and just ensure implementation of the SC verdict. 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. Questioning the maintainability of Haryana’s suit under Article 131 of the Constitution, Punjab has maintained that it has the exclusive legal right to undertake any project in 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 wants to know. Being a statutory body, BBMB has questioned the logic behind making it a party to the suit. Among other things, Jammu and Kashmir wants a ruling as to whether the Punjab Termination of Agreements Act 2004 “can come in the way of its entitlement” under the Inter-State Conference of January 29, 1955. Senior advocate JS Attri said Himachal was claiming its entitlement from the Ranjit Sagar/Thein Dam project under the January 19, 1979 agreement with Punjab. In its suit, Haryana has arrayed Rajasthan and Chandigarh also as defendants. River water dispute The SC has asked the four states besides the Centre and the Bhakra Beas Management Board (BBMB) to 'make an endeavour' to narrow down differences over their rights in river projects The Bench advised the parties to make further efforts to identify common issues so that the court will be left with only contentious points for resolution The next hearing has been listed for the third week of January