Through PTI
NEW DELHI: The Centre on Tuesday advised the Ultimate Court docket the Punjab govt is “no longer cooperating” in resolving the decades-old Sutlej-Yamuna Hyperlink (SYL) canal dispute between the state and Haryana.
The apex court docket, which noticed that water is a herbal useful resource and dwelling beings will have to discover ways to proportion it, mentioned the events need to have a “broader outlook” and realise the ramifications and necessity of a negotiated agreement, extra so in view of safety issues, it sounds as if regarding the occasional violence over the venture.
The recommend for Punjab advised a bench headed through Justice S Ok Kaul that the state govt may be very willing to unravel the problem amicably.
On the outset, Lawyer Common Ok Ok Venugopal, showing for the Centre, advised the bench that the apex court docket had in 2017 mentioned that subject will have to be amicably settled and the Union of India, throughout the Water Assets Ministry, has been looking to deliver in combination states of Haryana and Punjab for the aim of an amicable agreement.
“Sadly, Punjab has no longer been cooperating,” the highest legislation officer mentioned, including that letters have been despatched in 2020 and 2021 to the then Punjab leader minister who didn’t reply in any respect.
Even though official-level talks were happening between the 2 states at the SYL factor, the Centre has been insisting on conferences between the 2 leader ministers.
He mentioned a letter used to be despatched in April this 12 months when the brand new leader minister took over in Punjab however he has no longer answered until date.
“It is very important that as far as Punjab is worried, it has to cooperate. It can’t chorus from coming to the dialogue desk,” Venugopal advised the bench, additionally comprising Justices A S Oka and Vikram Nath.
He mentioned the bench would possibly direct the Punjab recommend to verify the executive minister participated within the discussions at the factor along with his Haryana counterpart.
Responding to the recommendation, the bench mentioned occasionally the overall answer lies a bit of past the courts.
“However then both the court docket proceeds to take a troublesome stand or the events cooperate. So, I’m hoping that the involved stakeholders realise that abstention from the dialogue isn’t the way in which ahead,” Justice Kaul mentioned.
When the recommend representing Punjab mentioned they’re very willing to unravel the problem amicably, the bench quipped, “That passion will have to mirror (in motion).”
“Lawyer Common rightly issues out that leader ministers of Punjab and Haryana have been and are required to fulfill and it’s agreed sooner than us through the recommend provide that any such assembly will probably be held inside of this month itself,” the bench mentioned.
The recommend showing for Rajasthan advised the bench that they wish to take part within the procedure however don’t seem to be allowed regardless of the orders of the apex court docket.
Senior recommend Shyam Divan, showing for Haryana, mentioned Rajasthan used to be no longer a birthday celebration to the decree handed through the apex court docket within the subject.
The water dispute began in 1966, when the Punjab Reorganisation Act divided erstwhile Punjab into Punjab and Haryana and the desire arose to proportion river water between the 2 states.
Punjab, alternatively, adversarial sharing the water of Ravi and Beas rivers with Haryana, mentioning the Riparian Theory, which states that the landlord of land adjoining to a waterbody has the suitable to make use of the water. It additionally argued it had no water to spare.
Venugopal steered the court docket can provide the states 4 months and, all over this era, on the finish of the primary month, the 2 leader ministers will meet.
The bench famous in its order {that a} letter dated September 5, 2022, addressed through the secretary of the Ministry of Jal Shakti to the Lawyer Common, has been positioned sooner than the court docket.
It famous that Venugopal has knowledgeable the court docket that regardless of quite a lot of endeavours, Punjab didn’t sign up for the negotiating desk.
“The endeavour of this court docket has been to reach at a mediated agreement. That are supposed to no longer be taken as a licence for a vast time frame to elapse,” the bench noticed.
The apex court docket mentioned it expects the Ministry of Jal Shakti in addition to the states of Punjab and Haryana and likewise the state of Rajasthan to lend complete cooperation in resolving the problem. The bench granted 4 months to the Centre to post a development file.
“Water is a herbal useful resource and dwelling beings will have to discover ways to proportion it, whether or not it’s folks, states or international locations,” it noticed and posted the subject for listening to on January 19 subsequent 12 months.
The bench mentioned it understands those are delicate problems for the states however some name needs to be taken to unravel them.
In 2017, the apex court docket had mentioned that decrees handed within the SYL canal dispute between Punjab and Haryana can’t be flouted. The arguable 1981 water-sharing settlement got here into being after Haryana used to be carved out of Punjab in 1966. For efficient allocation of water, SYL canal hyperlink used to be conceptualised.
A stretch of 214 km SYL used to be set to be constructed, of which 122 km have been to be in Punjab and 92 km in Haryana.
In 2004, the then Congress govt of the state got here out with the Punjab Termination of Settlement Act with an purpose to terminate the 1981 settlement and all different pacts on the subject of sharing of waters of rivers Ravi and Beas.
The apex court docket had first decreed the go well with of Haryana in 2002 asking Punjab to honour its commitments in regards to water sharing within the case.
Punjab challenged the decision through submitting a go well with which used to be rejected in 2004 through the Ultimate Court docket.
NEW DELHI: The Centre on Tuesday advised the Ultimate Court docket the Punjab govt is “no longer cooperating” in resolving the decades-old Sutlej-Yamuna Hyperlink (SYL) canal dispute between the state and Haryana.
The apex court docket, which noticed that water is a herbal useful resource and dwelling beings will have to discover ways to proportion it, mentioned the events need to have a “broader outlook” and realise the ramifications and necessity of a negotiated agreement, extra so in view of safety issues, it sounds as if regarding the occasional violence over the venture.
The recommend for Punjab advised a bench headed through Justice S Ok Kaul that the state govt may be very willing to unravel the problem amicably.
On the outset, Lawyer Common Ok Ok Venugopal, showing for the Centre, advised the bench that the apex court docket had in 2017 mentioned that subject will have to be amicably settled and the Union of India, throughout the Water Assets Ministry, has been looking to deliver in combination states of Haryana and Punjab for the aim of an amicable agreement.
“Sadly, Punjab has no longer been cooperating,” the highest legislation officer mentioned, including that letters have been despatched in 2020 and 2021 to the then Punjab leader minister who didn’t reply in any respect.
Even though official-level talks were happening between the 2 states at the SYL factor, the Centre has been insisting on conferences between the 2 leader ministers.
He mentioned a letter used to be despatched in April this 12 months when the brand new leader minister took over in Punjab however he has no longer answered until date.
“It is very important that as far as Punjab is worried, it has to cooperate. It can’t chorus from coming to the dialogue desk,” Venugopal advised the bench, additionally comprising Justices A S Oka and Vikram Nath.
He mentioned the bench would possibly direct the Punjab recommend to verify the executive minister participated within the discussions at the factor along with his Haryana counterpart.
Responding to the recommendation, the bench mentioned occasionally the overall answer lies a bit of past the courts.
“However then both the court docket proceeds to take a troublesome stand or the events cooperate. So, I’m hoping that the involved stakeholders realise that abstention from the dialogue isn’t the way in which ahead,” Justice Kaul mentioned.
When the recommend representing Punjab mentioned they’re very willing to unravel the problem amicably, the bench quipped, “That passion will have to mirror (in motion).”
“Lawyer Common rightly issues out that leader ministers of Punjab and Haryana have been and are required to fulfill and it’s agreed sooner than us through the recommend provide that any such assembly will probably be held inside of this month itself,” the bench mentioned.
The recommend showing for Rajasthan advised the bench that they wish to take part within the procedure however don’t seem to be allowed regardless of the orders of the apex court docket.
Senior recommend Shyam Divan, showing for Haryana, mentioned Rajasthan used to be no longer a birthday celebration to the decree handed through the apex court docket within the subject.
The water dispute began in 1966, when the Punjab Reorganisation Act divided erstwhile Punjab into Punjab and Haryana and the desire arose to proportion river water between the 2 states.
Punjab, alternatively, adversarial sharing the water of Ravi and Beas rivers with Haryana, mentioning the Riparian Theory, which states that the landlord of land adjoining to a waterbody has the suitable to make use of the water. It additionally argued it had no water to spare.
Venugopal steered the court docket can provide the states 4 months and, all over this era, on the finish of the primary month, the 2 leader ministers will meet.
The bench famous in its order {that a} letter dated September 5, 2022, addressed through the secretary of the Ministry of Jal Shakti to the Lawyer Common, has been positioned sooner than the court docket.
It famous that Venugopal has knowledgeable the court docket that regardless of quite a lot of endeavours, Punjab didn’t sign up for the negotiating desk.
“The endeavour of this court docket has been to reach at a mediated agreement. That are supposed to no longer be taken as a licence for a vast time frame to elapse,” the bench noticed.
The apex court docket mentioned it expects the Ministry of Jal Shakti in addition to the states of Punjab and Haryana and likewise the state of Rajasthan to lend complete cooperation in resolving the problem. The bench granted 4 months to the Centre to post a development file.
“Water is a herbal useful resource and dwelling beings will have to discover ways to proportion it, whether or not it’s folks, states or international locations,” it noticed and posted the subject for listening to on January 19 subsequent 12 months.
The bench mentioned it understands those are delicate problems for the states however some name needs to be taken to unravel them.
In 2017, the apex court docket had mentioned that decrees handed within the SYL canal dispute between Punjab and Haryana can’t be flouted. The arguable 1981 water-sharing settlement got here into being after Haryana used to be carved out of Punjab in 1966. For efficient allocation of water, SYL canal hyperlink used to be conceptualised.
A stretch of 214 km SYL used to be set to be constructed, of which 122 km have been to be in Punjab and 92 km in Haryana.
In 2004, the then Congress govt of the state got here out with the Punjab Termination of Settlement Act with an purpose to terminate the 1981 settlement and all different pacts on the subject of sharing of waters of rivers Ravi and Beas.
The apex court docket had first decreed the go well with of Haryana in 2002 asking Punjab to honour its commitments in regards to water sharing within the case.
Punjab challenged the decision through submitting a go well with which used to be rejected in 2004 through the Ultimate Court docket.
