Battle over riverwaters drains state coffers

Sarbjit Dhaliwal

Tribune News Service

Chandigarh, November 13

The inter-state dispute over the riverwaters has not only been exhausting the state emotionally but also financially. Since the state is fighting numerous legal battles on the issue, it has to spend a lot of money to pursue cases in various courts.Official sources said the state government paid about Rs 7 crore as fee to advocates engaged in fighting its legal battle in the Supreme Court and a high court in the current fiscal so far.For fighting such high-profile cases, the state has to engage constitutional experts who charge money in lakhs. Sources said an advocate, who earlier used to charge Rs 15 lakh per appearance, recently raised his fee to Rs 25 lakh. Another advocate is charging Rs 5 lakh per appearance, it learnt.There is a team of at least eight advocates to fight cases pertaining to the riverwaters. As of now, there are six important cases pending for adjudication in the Supreme Court and two high courts, it is learnt. Punjab is not only engaged in a legal battle against Haryana. Rajasthan is also fighting certain cases against it on the issue.Though the Supreme Court has announced its verdict on the Presidential Reference, litigation related to the issue is far from over. The Punjab Government can file a review petition in this case, appealing to the SC to re-examine the issue. As the SC verdict is said to be an advisory opinion under Article 143 of the Constitution for the President, for getting this opinion legally executed, the Haryana Government may have to re-approach the Supreme Court and also the Union Government. Certainly, there will be another bout of litigation on this issue.Among the pending cases include a prayer for directions to the Centre to constitute an appropriate tribunal under Section 4 (1) of the Inter-State Water Disputes Act, 1956; a petition in the Delhi High Court for setting aside the constitution of the Eradi Tribunal; a special leave petition against the Rajasthan High Court’s decision to hand over the control of head works of Harike, Ropar and Ferozepur to the BBMB.There is also a case about the Hansi-Butana canal pending in the Supreme Court. Punjab has sought dismantling of this canal arguing that it blocks the natural flow of rainwater. Another case is in the Supreme Court filed by the state challenging the Sections 78 and 79 of the Punjab Reorganisation Act. Then there are cases about Shahpur Kandi project and certain other issues related to riverwaters.

Costly affair

• The state is fighting several legal battles over riverwaters
• For fighting such high-profile cases, the state has to engage constitutional experts who charge hefty fee
• Sources say an advocate, who earlier used to charge Rs 15 lakh per appearance, recently raised his fee to Rs 25 lakh

Experts divided over execution of SC verdict

New Delhi, November 13It took around 12 years for the Presidential reference on the SYL canal case to be decided by the Supreme Court, but uncertainty over implementation of the verdict continues, as experts are divided over the feasibility of its execution.Those supporting the verdict are of the opinion that there is no other option but to construct the remaining part of the canal on the Punjab side, while others say that change in circumstances in the past five to six decades have posed hurdles in the enforcement of the verdict.“The Supreme Court verdict is the opinion on question of law. The advisory opinion is also a declaration of law. In the SYL case, the declaration of the law is that the Punjab Termination of Agreement Act, 2004, is not valid. There is no option for the President to accept or not to accept. His job is over,” senior advocate Govind Goel said.Holding a contrary view, senior advocate RS Suri, who represented Punjab, said the state could not be left “remedy-less” in the water pact, as there was a deficiency in quantity which used to be there when the SYL canal pact was signed.Senior advocate and Rajya Sabha member KTS Tulsi said, “The problem is that if you force the agreement, the entire Punjab will turn into a desert. Almost 113 out of 140 tehsils are water-stressed. Most of them are dependent on groundwater.”He added the verdict of the five-judge bench was not binding on the Centre, as it was delivered under advisory jurisdiction.Another lawyer, who appeared for one of the states and did not wish to be named, endorsed Goel’s view and said, “The Centre, which has the executive power, can intervene and complete pending works.”Goel termed as “political” the stand of the Badal government that the SC verdict was merely an opinion. If Punjab did not act as per the judgment, the Centre had the option to impose Article 356, Goel said. Suri, however, alleged there was no “proper adjudication” in the matter and suggested a water tribunal could be the only solution to the dispute. — PTI

Capt: Will urge President to ignore SC ‘opinion’

Congress delegation to meet Pranab on Nov 17

PPCC chief Capt Amarinder Singh with party leaders at a rally near Abohar on Sunday. Tribune Photo

Raj Sadosh

Abohar, November 13

State Congress president Capt Amarinder Singh today said he would lead a deputation of party MPs and MLAs to Rashtrapati Bhawan on November 17.Speaking to the media after addressing a rally at Khuyiansarwer village this afternoon, Amarinder said President Pranab Mukherjee would be requested to ignore the “opinion” of the Supreme Court on the SYL dispute.During the rally, Amarinder dared the Akalis to quit the Assembly and face the Congress in the coming elections, which he said should be held next month to prevent Chief Minister Parkash Singh Badal from further “vitiating” the state’s atmosphere.Thanking the people of Abohar and surrounding areas, which will be hit the most if the SYL judgment is implemented, for “turning up in large numbers”, he said the gathering at the rally showed the resentment of the people against the Badal government’s “failure” to protect their interests.Reacting to the CM’s assertion that he was ready to face the bullet to protect the state’s riverwaters, the PPCC chief said Badal had made such claims even in 1984, but when the time came to fight for Punjab he went into hiding in Uttar Pradesh, leaving the people of Punjab to fend for themselves. At least 35,000 innocent Punjabis had lost their lives in the turmoil, he added.The Akalis had 10 years to resolve the issue and battle the case in court effectively but they failed to do anything, he alleged, adding that they were only interested in the creation of Punjabi Suba to rule a Sikh-dominated region for their vested interests.Senior party leader Sunil Jakhar, who organised the rally, accused the CM of allowing the SYL issue to hang fire till the time of the elections to divert public attention. He accused the Akalis of selling off the state’s waters to the BJP in exchange for the passage of the Sahejdhari Bill so that they could retain hold on gurdwaras and the huge cash flows estimated at Rs 550 crore coming from there. The CM should be booked for trying to instigate people to face bullets to protect the riverwaters, he demanded.Indian Youth Congress president Amrinder Singh Raja Warring warned the Chief Minister that the “winds of destruction have already started blowing against him”.

State BJP to take up matter with Centre

Tribune News Service

Patiala, November 13

Rajya Sabha member Shwet Malik said today the Punjab BJP is “with the state” when it comes to the sharing of riverwaters with any other state. “The party’s stand is clear. Punjab does not have water to spare for anyone,” the MP said here.The state BJP could take up the matter with the Centre and Haryana to find a solution following the Supreme Court verdict which was “legally binding”, he said.Malik said the SYL issue concerned all Punjabis. “Farmers will have no water to irrigate their fields if the decision is implemented.”On demonetisation, the MP said only those with black money were opposing it. “The PMhas taken the initiative to weed out black money. In days to come, the decision will prove correct,” he added.

Kejriwal’s silence says it all: Capt

Tribune News Service

Chandigarh, November 13

Punjab Congress president Capt Amarinder Singh said today that AAP convener Arvind Kejriwal’s decision to put off his proposed Punjab visit had sent out a clear message that he was not supporting the state on the SYL issue.In a statement issued here, Amarinder said Kejriwal continued to remain “strangely silent” on the Supreme Court verdict.“This has unmasked his double standards on the vital issue, on which he has been doing a flip-flop for the past several weeks in a desperate bid to save his government in Delhi and keep the people of his birthplace in Haryana happy,” the PPCC chief said.

SYLissue: Five Congress councillors resign; effigies of Badal, Modi burnt

Congress councillors of the Jalandhar Municipal Corporation who resigned on Saturday.

Rachna Khaira

Tribune News Service

Jalandhar, November 12

Five Congress councillors of the Municipal Corporation of Jalandhar (MCJ) today offered their resignation to Punjab Pradesh Congress Committee president Captain Amarinder Singh in protest against the Supreme Court’s verdict on Sutlej-Yamuna Link (SYL) canal issue.Councillor Sushil Rinku from ward number 46, Harsimran Bunty from ward number 47, Amanjit Kaur ‘Major’ from ward number 48, Kamlesh Grover from ward number 49 and Balkishen Bali from ward number 7 submitted their resignations. Out of these five, Rinku and Bali are also vying assembly tickets to contest the forthcoming elections in the state.Rinku said the sharing of water with Haryana would not only put a affect on farmers in rural areas, but would also adversely affect the economy in urban areas. “The economy of Punjab, being a major agrarian state, depends much on rural areas. The SYL decision will affect the crop yield and disrupt the economy cycle in urban areas as well,” said Rinku.While calling it a political gimmick, leader of opposition in the corporation Jagdish Raja said the councillors had offered resignation on their personal level. “So far, no directions have come from the party high command in this regard. If we get such directions in future, appropiate action will be taken in time.”Meanwhile, Jalandhar District Congress Committee (urban) today burnt the effigies of Punjab Chief Minister Parkash Singh Badal and Prime Minister Narendra Modi. The protest was organised to condemn the state government and the Centre over their “unfavourable” role in the SYL issue.District Congress Committee president Rajinder Berri alleged that Badal and Modi were directly responsible for the Supreme Court verdict on the SYL issue. He claimed that they had cheated the interests of the state and that the Chief Minister and Sukhbir Badal had been shedding crocodile tears on the verdict.Berri said the resignation of PPCC president Capt Amrinder Singh and other Congress MLAs showed who were the real well wishers of Punjab. He said Akalis and BJP MLAs should have resigned to show their solidarity to Punjab. He called upon Punjab BJP president Vijay Sampla to clear the stand of his party on the issue.Phagwara : In Phagwara too, the Congress held demonstrations against the SAD-BJP government for their “unclear stand on the SYL issue”. Activists led by former minister Joginder Singh Maan and ticket seeker Balbir Sodhi burnt effigies of Chief Minister Badal and Prime Minister Modi at Rest House Chowk and near Bus Stand, respectively during separate programmes in Phagwara.The BJP came out defensive. Party national secretary Chugh said it was height of betrayal that Capt Amarinder Singh who was witness to the exploitation of Punjab farmers at the hands of Indira Gandhi was now claiming to be their sympathiser by resigning from a post which he was otherwise likely to quit as he was all set to contest state assembly election from Patiala.Chugh said it was unfortunate and ridiculous that small-time leaders of the Congress from the state burnt effigies of Prime Minister Narendra Modi. Slamming the Congress leaders for their shameful act, Chugh said rather they should had burnt the effigies of their leader Indira Gandhi.The BJP leader said that the SAD-BJP government won’t allow even a single drop of water to flow out of Punjab and were all set to explore all legal possibilities in this regard. He said that the alliance partners with the help of people of Punjab would fight this battle in a peaceful manner.Cong enacting resignation drama: BJP Phagwara:The BJP on Saturday ridiculed the resignation of Congress MLAs as a “drama”. Party national secretary Tarun Chugh said that Capt Amarinder Singh and Punjab Congress MLAs were pretending to be martyrs without sacrificing anything. He said it was surprising that the Congress has decided to indulge in theatrics by resigning when the term of the present Vidhan Sabha was scheduled to end in a matter of just two months. Chugh said that it was public knowledge that the then Prime Minister and Congress president Indira Gandhi was the ‘architect and creator’ of SYL and Capt Amarinder Singh had not only given his consent to the move but also welcomed Mrs Gandhi when she came to lay the foundation stone of SYL canal. —OC