Bhakra Nangal Dam: High Court seeks reply on Punjab plea to recall order on water release to Haryana

The Punjab and Haryana High Court on Wednesday asked the Bhakra Beas Management (BBMB) to respond to the Punjab government's application to recall a recent court ruling which ordered it to comply with a Union government's directive to release additional water to Haryana. .The Court had earlier directed the Punjab government and Punjab Police to refrain from interfering with the functioning of the Bhakra Nangal dam. It further ordered the Punjab government to comply with the decision taken at a meeting under the Chairmanship of Union Home Secretary on May 2 to release additional water to Haryana.The government has now sought recall of this direction, arguing that the Home Secretary is not the competent authority to make such decision. Under the relevant rules, the Secretary of the Ministry of Power is the relevant authority.The Division Bench of Chief Justice Sheel Nagu and Justice Sumeet Goel today issued notice on the application and listed it for hearing on May 20..The Nangal dam has been a subject of controversy since the Punjab Police allegedly prevented the BBMB from releasing additional water for meeting the emergent needs of Haryana and some parts of Rajasthan.The Union Home Secretary had then held a meeting to resolve the issue and ordered the release of additional water to Haryana. On May 6, the Court ordered Punjab to comply with this decision.The order was passed on BBMB's petition, which claimed that the Punjab Police had taken over the operational control of the Nangal dam..The Punjab government has now challenged the Court's May 6 directive.Senior Advocate Gurminder Singh, representing the Punjab government, today argued that Article 262 of the Constitution of India bars the jurisdiction of courts, including the Supreme Court, in inter-State water dispute cases. "So they [BBMB] virtually succeeded in getting a mandamus against law by misrepresenting the facts," Singh submitted. .Singh also submitted that both Punjab and Haryana have overdrawn their share of water in the depletion cycle, a period where there are no rains."No State can draw water from another State share, unless there is a consensus on the issue," he added.Singh further said that since no consensus had been reached at the meeting of BBMB, the matter on Haryana's request was referred to Central government under the rules."After this, where is the jurisdiction of the BBMB to take a decision on this very issue on the very next day - that is the 30th of April 2025. And it is, in fact, the 30th of April decision which has been taken into account by the 2nd of May decision, which says that on 30th of April, Board has taken a decision, and therefore that we implement it," the senior counsel told the Court..In response, Additional Solicitor General Satya Pal Jain said Punjab's officers had also participated in the meeting held under the chairmanship of the Union Home Secretary..Jain added that the Punjab government had not challenged the decision taken at the meeting held by the BBMB on April 30.Singh replied that if the competent authority of the Union government decides against Punjab, the State would then avail its remedy."The order is yet to come," he added..Senior Advocate Rajesh Garg, representing the BBMB, said that the Punjab government could have file a writ of prohibition against these decisions but has chosen to file only a modification application..Meanwhile, Haryana Advocate General Pravindra Singh Chauhan submitted that the State needs water for agriculture."It is not the case that Haryana is asking water from the share of Punjab," he added..Senior Advocate Gurminder Singh, Additional Advocates General Maninder Singh and Chanchal Kumar Singla represented the State of Punjab.Senior Advocate Rajesh Garg represented BBMB.Advocate General Pravindra Singh Chauhan with Additional Advocate General Deepak Balyan represented the State of Haryana.Additional Solicitor General Satya Pal Jain with Senior Panel Counsel Dheeraj Jain appeared for the Union of India.