New Delhi: The Supreme Court Wednesday asked the Centre to conduct a survey of the land meant for the construction of the Sutlej-Yamuna Link (SYL) canal in Punjab and asked the Punjab Government to extend cooperation in the survey.
The apex court stressed that the Centre should actively pursue the mediation between Punjab and Haryana, and warned Chief Minister Bhagwant Mann's administration to not "compel us to issue tough orders".
A bench comprising justices Sanjay Kishan Kaul, C T Ravikumar, and Sudhanshu Dhulia said the Punjab government "has to accept the maryada (decorum) of the Supreme Court". The bench noted that this kind of matter possibly has political implications and something will have to be done. Canal will have to be constructed in Punjab... do not compel us to issue tough orders."
The bench, while pointing at the 21-year-old decree, made it clear that “the decree (in favour of Haryana) stands” and “something will have to be done” as Haryana has already constructed its part of the canal.
Senior advocate Shyam Divan, representing the Haryana government, pointed out that there was an order of the Supreme Court for the execution of the decree and things have to move forward and the only thing that remains is construction, and Punjab, of course, has to cooperate, which is federalism. The bench said it would have to find a solution and the dispute that is listed before it is for the construction of the canal.
The bench told additional solicitor general (ASG) Aishwarya Bhati, representing the central government, to survey the complete area in Punjab. It asked the state government to cooperate, and submit a report regarding the progress on the construction – "how much has been made and what has been made".
The Haryana government counsel requested the court to keep it as narrow as possible and also not expand the scope of the settlement. The bench replied that it is not expanding the scope. The apex court emphasized that the canal has to be constructed and the decree has to be executed, while the Punjab Government counsel pointed out the decreased availability of water and other problems in the execution of the decree.
The bench asked the Centre to oversee talks between the Punjab and the Haryana governments on this issue. “We are concerned with the decree for the construction of the SYL (Satluj Yamuna Link) canal in the Punjab portion, as Haryana has already constructed. The land was acquired and construction commenced in Punjab, though there may be varied estimates of what extent construction has already been completed," the bench remarked.
It noted that Punjab endeavoured to release the land to the farmers, the action which was stayed by the court and a receiver was appointed. “We would like the Union of India to survey the portion of the land of Punjab allocated for the project to ensure that the land is protected, as the Punjab government could not have released the land, their action having been stayed”, it said.
“An estimate has to be made, what is the extent of construction which has already been carried out in Punjab. The counsel for Punjab endeavoured to persuade us that with the passage of time, the availability of water has become less and thus the share of Haryana would be less…the execution does not deal with the allocation of the water...," the bench noted.
The bench told the ASG, "In the meantime, a mediation process should be actively pursued by the central government. There are three jobs – one is to see the survey, what is happening there; second, to check up on information...and three, the mediation process.”
With respect to the observation made by the apex court on the availability of water, Divan said there are issues between Haryana and the state of Punjab for the purposes of having an independent body which monitors water. He said the entire administration in that regard is under the Punjab government’s control and they can give a certain set of figures (on the release of water) and pointed at the absence of an independent agency.
The top court directed the Centre to look into the process of mediation to find an amicable solution to the vexed problem, which has not been solved for several years and posted the matter for further hearing in January 2024. After Punjab’s refusal to construct its part of the SYL canal, the Supreme Court had asked the Centre to play a more “pro-active role instead of being a mute spectator” to resolve the issue.
Earlier, the Centre had told the court that talks between the two states failed as Punjab has refused to construct its part of the canal and in 2016, Punjab de-notified the land acquired for construction of SYL and returned it to farmers. The Centre had said that the construction of SYL now may raise law and order problems.
Also read: SC seeks active participation from centre to resolve Sutlej-Yamuna Link issue
Also read: Punjab refusing to complete Sutlej-Yamuna Link canal construction, Centre tells SC
