The Supreme Court on Monday refused to entertain the Punjab government's petition challenging the Punjab and Haryana High Court’s directive to comply with a May 2 decision that mandated the release of an additional 4,500 cusecs of water to Haryana. The decision in question was taken during a high-level meeting chaired by the Union Home Secretary, aiming to address Haryana's pressing water needs.
Appearing for the Punjab government, senior advocate Abhishek Manu Singhvi argued before a bench comprising Justices Vikram Nath and Sandeep Mehta that Haryana was already drawing more than 100% of its allocated water share. He said Punjab had already released 4,000 cusecs of water to Haryana on humanitarian grounds, yet the high court had asked Punjab to comply with the May 2 decision for 4,500 cusecs.
“It’s a matter of emotive importance for both states,” Singhvi said, highlighting Punjab’s reservations about releasing more water to a state that, according to it, had already exhausted its entitlement by March.
Representing the Bhakra Beas Management Board (BBMB), Solicitor General Tushar Mehta informed the court that the board had arrived at its decision after hearing all concerned parties. However, he noted that Punjab had deployed its police force at the Bhakra Nangal Dam site to prevent the diversion of water, which he said was not in the spirit of cooperative federalism. “One state police deploying their force there was not in good taste. Ultimately, we or they—these are our people. Haryana or Punjab, they are citizens of India,” Mehta submitted.
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Referring to the High Court’s directives, Mehta read from the order which restrained Punjab and its functionaries, including police personnel, from interfering in the day-to-day operations and water regulation managed by BBMB at the Bhakra Nangal dam and Lohand control room. The Supreme Court observed that any remarks made in the high court order should not influence future decisions that may be taken by competent authorities through appropriate legal proceedings. The top court, however, declined to admit Punjab’s plea and did not issue any stay on the high court’s directive.
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The disputed May 2 meeting, chaired by the Union Home Secretary, had endorsed the BBMB's earlier technical decision taken on April 23 to release 8,500 cusecs of water to Haryana for eight days to address the state's urgent water shortage. Of this, 4,500 cusecs was considered "extra" beyond regular allocations.
The high court also noted that Punjab was at liberty to provide security to BBMB and dam personnel as per legal norms. Further, the court said if Punjab disagreed with BBMB's decision, it could invoke Explanation II to Rule 7 of the 1974 Rules by making a formal representation to the Central Government through the BBMB chairman. Such a representation, if submitted, should be addressed by the Centre without undue delay.
Despite these provisions, the Punjab government reiterated its stance that it was already supplying 4,000 cusecs to Haryana voluntarily and argued that releasing an additional 4,500 cusecs was unjustified, particularly since Haryana had already drawn its full quota of water earlier in the year.
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