Land acquired for SYL denotified
Punjab drafts Bill defining ownership, utilisation and remuneration on water
Ruchika M Khanna
Tribune News Service
Chandigarh, November 15
Contempt case in SC against Badal
- New Delhi: The Supreme Court on Tuesday agreed to hear acontempt of court petition against Punjab Chief Minister Parkash Singh Badal and Deputy CM Sukhbir Badal for making statements in violation of the SC order for sharing river waters with neighbouring states. A Bench headed by Chief Justice TS Thakur said the plea would be heard in due course. The petition has been filed by Rohtak-based NGO ‘Two plus five Mudhe Jan Andolan’ president Satvir Singh Hooda. tns
Oppn not invited to session: Channi
Tribune News Service
Chandigarh, November 15
The Punjab Congress today accused the SAD-BJP government of double standards on the issue of inviting Congress MLAs for tomorrow’s special Vidhan Sabha session.
Capt mocks AAP’s dharna
PPCC chief Capt Amarinder Singh today ridiculed no-show of Aam Aadmi Party’s dharna in Patiala’s Kapoori village, saying it showed people’s disillusionment with party’s national convener Arvind Kejriwal.Denotification of SYL land gimmick: Cong
Chandigarh, November 15
The Punjab Congress has dismissed as political gimmickry the state Cabinet's decision to denotify the land acquired for SYL, saying the Badal government had done nothing but spent the last six months in deciding to do what the Congress had been insisting upon all this while.
SAD’s signature campaign
The Akali Dal today decided to launch a signature campaign, where people will be asked to sign petitions urging the President not to give his consent for the construction of the SYL. The party's core committee asked the President to ignore the SC "opinion" as it did not answer any of the issues raised by him.— TNS
Chandigarh, November 15
The Punjab Congress has dismissed as political gimmickry the state Cabinet's decision to denotify the land acquired for SYL, saying the Badal government had done nothing but spent the last six months in deciding to do what the Congress had been insisting upon all this while.Despite Cabinet’s decision, forestland can’t be diverted
Aman Sood
Tribune News Service
Patiala, November 15
AAP volunteers oppose party candidates
Tribune News Service
Jalandhar, November 15
Another Act may be of no help, say former judges
Saurabh Malik
Tribune News Service
Chandigarh, November 15
The Supreme Court’s verdict on the SYL issue may not be the end of the road for the Punjab Government, though passing of another Act on the issue may not be the right course, experts feel. Mutual give and take is the option favoured by almost all.Options for state
- The government can file a review petition or it can opt for a curative petition
- The govt can even seek President’s intervention in the matter through the council of ministers of the Centre
Govt calls all-party meeting on SYL
Geetanjali Gayatri
Tribune News Service
Chandigarh, November 15
Punjab’s decision ‘unconstitutional’
- Any fresh legislation brought to nullify any part of the Presidential reference on the SYL canal on which the SC has already taken a decision will be unconstitutional. The Supreme Court has termed the Punjab Termination of Agreement Act as unconstitutional right from the beginning. Commenting on the decision of the Punjab Cabinet to denotify the land acquired for the SYL canal, Anurag Rastogi, Principal Secretary, Irrigation, said here today that “if we go by the opinion of the Supreme Court, the step taken by the Punjab Government is unconstitutional. In case any such step is taken in future, even that would be unconstitutional.
Haryana to move SC against Punjab
CHANDIGARH: Hours after the Punjab cabinet’s decision to return the land acquired for construction of the Sutlej Yamuna Link (SYL) canal to its original owners, the Haryana government decided to approach the Supreme Court against the move.
Disclosing this, Haryana advocate general BR Mahajan told Hindustan Times that Punjab’s move had “strengthened” Haryana’s case.
“We will be taking appropriate legal action in the apex court,” Mahajan said, though he did not elaborate on the matter.
“As the Punjab government did not get the governor’s assent for the Punjab SYL Canal Land (Transfer of Propriety Rights) Bill passed in March this year, now the cabinet has decided to return the land. They cannot do so,” he said, adding that Punjab’s action was in defiance of the apex court order.Another senior functionary handling the SYL issue in Haryana said the state would wait for formal notification on the Punjab cabinet decision and thereafter move the Supreme Court.
The Haryana government was already in the process of filing a petition for execution of the apex court orders passed in 2002 and 2004 for the completion of the SYL canal.
In March this year, the Punjab assembly had unanimously approved a bill, seeking transfer the entire SYL land measuring 5,376-acre free of cost to its original owners. The land was acquired for the canal over three decades ago for `35 crore.
Punjab defies SC, to return SYL land to farmers
COUNTDOWN TO CONSTITUTIONAL CRISIS Cabinet denotifies 5,376 acres acquired for canal, owners to get land free of cost; assembly’s emergency session today
Villagers levelling the SYL canal at Chunni Khurd village in Fatehgarh Sahib in March this year after the Punjab Vidhan Sabha unanimously cleared the SYL bill to return land to owners. |
CHANDIGARH: Setting the stage for a constitutional confrontation with the Supreme Court, the Punjab cabinet on Tuesday decided to denotify 5,376 acres of land that was acquired for the Sutlej-Yamuna Link (SYL) canal and return it to its original owners free of cost.he Parkash Singh Badal-led SAD-BJP government’s “groundaltering” move, which came a day before an emergency session of the Vidhan Sabha on SYL, is being widely seen as defiance of the apex court and might lead to a constitutional crisis of sorts with just days to go for the assembly elections in the state. The decision taken in “public interest” came into effect immediately and necessary orders were being passed by the government to deputy commissioners at the time of going to press.
The probability of Badal government bringing in a bill appears highly unlikely. However, plans are afoot to introduce a stronglyworded resolution on contentious inter-state water dispute, making Punjab’s position absolutely clear.
The Supreme Court had in March 2016 ordered the state to maintain status quo on the SYL canal land after the Punjab assembly had unanimously approved the ‘Punjab Sutlej-Yamuna Link Canal (Transfer of Proprietary Rights) Bill-2016’ to return it to its owners. The order was passed on an application moved by the Haryana government.
The top court, in its interim order, also appointed Union home secretary and Punjab’s chief secretary and director general of police as ‘joint receivers’ of land and other property associated with the canal. While the bill is still awaiting assent of the governor, the state cabinet went ahead and issued the “executive decision”, denotifying the canal land.
“The land acquired for SYL canal project, which is presently vested in the Punjab government, free from all encumbrances, stands denotified with immediate effect and shall forthwith vest in the original land owners of their lineal descendants/legal representatives, free of cost,” reads the statement released by the state government after the meeting.
The chief minister refused to add to the statement, his son, deputy chief minister Sukhbir Singh Badal, also ducked queries. “This is only the first step today… for the cause of our people and to protect their interests, we will take every necessary step. Water is the lifeline of every citizen of Punjab,” he said.
The land-denotification move left the ruling BJP in Haryana stunned. The Haryana BJP Legislature Party, which met in the evening, decided to take a delegation to Punjab governor VP Singh Badnore on Wednesday (Nov 16) to urge not to approve any unconstitutional step of the state government. Even as chief minister Manohar Lal Khattar is still to comment on the denotification move, he has convened an allparty meeting to discuss all issues relating to the contentious canal.
In Punjab, the Congress dismissed the state cabinet’s decision as “political gimmickry”. Earlier, the core committee of the SAD, which was closeted for two hours to decide the contours of this political gambit, declared that it would neither allow the construction of the SYL canal, nor had any water to spare for any other state.“We stand by the Constitution of India, which guarantees us absolute and exclusive right over the waters of rivers that flow through our state,” it said.
The denotification decision came within a week of the Supreme Court verdict, invalidating the Punjab Termination of Agreements Act-2004 passed by the then Congress government to unilaterally annul all water-sharing agreements with the neighbouring states.The SAD, making its intentions of taking the SC head on, said: “The opinion (on Presidential reference) finally given by the apex court has further deepened the belief that Punjab cannot get justice from the top constitutional institutions in the country.”
The court verdict has brought the emotive riverwater dispute between Punjab and Haryana to the centrestage, raising the political temperature in the poll-bound state.
The Akali Dal and Congress, acting as the true “flag bearers” of the cause, are trying to outdo each other for electoral dividends.
BADAL GOVT’S RETURN GIFT
JULY 12, 2004: The then Punjab chief minister Captain Amarinder Singh gets the assembly to pass ‘Punjab Termination of Agreements Act 2004’, annulling the 1981 agreement and all subsequent ones FEB 29, 2016: Supreme Court resumes hearing on presidential reference on the validity of Punjab Termination of Agreements Act-2004. Centre contends the Act was not valid MARCH 14: Punjab Vidhan Sabha unanimously clears SYL bill to return land to owners, Haryana House resolution flays move. Two days later, the apex court directs Punjab to maintain status quo MARCH 16: Haryana CM requests Punjab governor not to clear SYL bill. Punjab sends cheque for `192 crore to Haryana against latter’s contribution for the canal NOVEMBER 10: Supreme Court holds invalid Termination of Agreements Act-2004 NOVEMBER 15: Punjab cabinet de-notifies and decides to return land acquired for SYL canal to owners
WHAT NEXT
Barely three hours after the Punjab government decided to denotify the land acquired for the SYL canal project, Haryana’s advocate general BR Mahajan said the state has decided to approach the apex court. With Haryana deciding to move the court, the Punjab cabinet’s unilateral action of denotifying the canal land may get thrown out. Punjab government, whose action is being widely viewed as defiance of the apex court, may face contempt proceedings for altering the status of canal land despite being ordered to maintain status quo. Haryana may file execution petition for implementation of 2002 and 2004 orders in which the Centre was asked to tell a central agency to handle the canal works. With the court declaring the Punjab law invalid, these orders have become operative.
CONTEMPT PLEA AGAINST BADALS
NEW DELHI: The Supreme Court will hear a plea seeking criminal contempt proceedings against Punjab chief minister Parkash Singh Badal and his deputy Sukhbir Singh Badal for their public pronouncements that they will not comply with the top court’s verdict on the Sutlej-Yamuna Link (SYL) canal. The court, however, has not fixed a date for the hearing as of now. The bench headed by chief justice TS Thakur said the matter would be heard in due course as counsel Rakesh Dahiya, appearing for the petitioner, Satbir, mentioned the matter for an early hearing.
PUNJAB GOVT DECLARES HOLIDAY TODAY
HANDIGARH: The Punjab government has declared a holiday on November 16 to commemorate 101st martyrdom day Kartar Singh Sarabha. All state government offices boards, corporations and educational institutions and public undertakings will remain closed. Sarabha was given death penalty in the Lahore conspiracy trial in 1915.
But where is the water anyway?
HE POINT IS THAT AMID THE HULLABALOO THAT WE ARE CURRENTLY WITNESSING ON THE SYL ISSUE LIES THE MOOT QUESTION — WHERE IS THE WATER THAT EVERYONE IS ASKING PUNJAB TO SHARE WITH THE NEIGHBOURING HARYANA?
Always an emotive issue for the people of Punjab, the SutlejYamuna Link (SYL) canal controversy has plunged to new lows of discussion and debate in the past few days, since the Supreme Court pronounced its much-awaited verdict on the issue, with all its explosive ramifications.
Some of the frequently asked questions are: How can Punjab refuse to give water to Haryana now that the apex court has stamped its approval on the SYL canal? Why is Punjab being so adamant on the issue? Isn’t water a natural resource meant to be shared by all humanity? How can Punjab be so selfish and greedy?
Valid questions, one might say, except that none of them really seeks to address the core issue at the heart of the problem faced by Punjab. And that core issue, unfortunately, was neither raised nor argued in the court even once all through the pendency of the case. The result is that the apex court ended up making conclusions on the presidential reference based neither on facts and ground realities nor on the basis of the country’s Constitutional principles, but on an analysis of incomplete and insufficient information and data.
Now, the point is that amid the hullabaloo that we are currently witnessing on the issue lies the moot question – where is the water that everyone is asking Punjab to share with the neighbouring Haryana?
This is an important question that needs to be urgently addressed if we are to save Punjab from an inevitable doom. After all, how does one share something that one does not have? It is like asking a homeless man to share his roof or a poor beggar to share his alms. The futility of such a demand is self-evident, except perhaps to those who suffer from a myopic vision. PUNJAB’S WATER DEMAND
Data available in public domain indicates that Punjab’s total water demand currently stands at over 50 MAF (million acre feet). As far as river allocation goes, the state’s share is 14.33 MAF (this includes pre-1947 allocation of 1.98 MAF), of which 8.02 MAF is expected from Sutlej and another 4.33 MAF from Ravi and Beas rivers. These numbers may look impressive, but they actually represent a mere 40% of the total estimated water of the three rivers, which can meet only 28% of the state’s total water demand.
Incidentally, Punjab water woes don’t end here. If national and international data is to be believed (and there is no reason to doubt it), the water table in the plains of north India is depleting fast. So much so that according to the National Aeronautics and Space Administration (NASA), the agriculture output in states like Punjab and Haryana is on the verge of collapse.
Closer home, the water resources and environment directorate has revealed that the water level in Punjab has dipped in 80% of the state’s total area. A spate of drought years, coupled with inadequate rainfall, has left the river canals that feed the bulk of Punjab’s agricultural land high and dry, quite literally. What further escalates the problem is the melting of glaciers as a result of the climatic changes taking place in the upper reaches of the Himalayas. As many as 109 new lakes were formed between 2013 and 2015 on account of accelerated glacial melting in the Chenab, Ravi, Beas and Sutlej rivers.With the canals drying up, farmers in Punjab are increasingly shifting to unregulated use of borewells (approximately 14 lakh of them exist already), thereby further causing the decline of subsoil water. In areas like Hoshiarpur and Sardulgarh, the decline is more than 58 metres – a clear sign of the way things are going for Punjab on the water front. SYL’S IMPLICATIONS FOR STATE
It is in this troublesome context that we need to look at the SYL issue and its implications for Punjab. According to experts, the moment the SYL starts flowing, around 9.75 lakh acres of Punjab’s fertile land will be rendered barren, putting to risk the livelihood of 15 lakh families.
Now if that does not sound serious enough, then sample this: If Haryana is given 3.5 MAF water for its SYL network, several districts of Punjab, notably Bathinda, Ferozepur, Mansa and Faridkot, with their saline and toxic ground water, will become completely dry.
Ironically, the central government has declared three-fourths of Punjab as ‘dark zone’, or ‘no-extraction zone’, thereby admitting the insufficiency of water in the state. Yet it failed to bring this vital fact to the notice of the Supreme Court during the hearing on the SYL issue, resulting in a totally unjust and unfair conclusion on the part of the honourable judges.
Clearly, it is a situation crying for collective wisdom and proactive intervention, which, unfortunately, is conspicuous by its absence in the current political scenario in the poll-bound state of Punjab. But even as we fight our political battles, let us not forget that the failure to address its water crisis in a timely manner could lead to disastrous consequences for Punjab, which is clearly sitting on a landmine that a mere spark would be enough to explode. NEED TO ADOPT RIPARIAN PRINCIPLES
Is there, then, no solution to the problem?
Of course, there are always the riparian principles of water sharing, recognised and applied across the world, that we can adopt to resolve the SYL issue and other water rows. Political compulsions keep us, in India, from taking recourse to this simple method to find a way out of the water mess gripping many states. And unless we let go of these compulsions in favour of a more realistic and humanitarian approach to the issue, we may end up transforming the once green belt of India into a parched desert, incapable of nurturing life and sustenance for the nation.
So let us, for once, rise above our petty, vested interests and come together to save Punjab and the interests of its people. Failure to do so would result in inevitable doom for the state, and eventually for the country.
(The writer is Punjab Congress president. Views
expressed are personal.)
Dry canals, saline groundwater take toll on farm yield in Fazilka
WATER CRISIS A poll issue for 4 decades, promises made to 122 tail-end villages remain unfulfilled
FAZILKA: The opposition Congress and the ruling Akali-Bharatiya Janata Party coalition seem to be disturbed over the Supreme Court’s ruling on the SutlejYamuna Link (SYL) canal, but while in power, both have failed to fulfil the poll promise made to 122 villages in southern Punjab, which are facing severe water crisis with people forced to use saline water for irrigation and drinking purposes for over four decades now.
With another assembly elections round the corner, the top leadership of the Punjab Congress on Sunday organised a massive rally against the Centre and the Akali-BJP regime on the same issue. Many villagers, however, have lost all hope of the authorities giving heed to their pleas.On paper, these 122 villages across Fazilka, Balluana and Abohar assembly segments get 1,025 cusecs of canal water for six months, during the kharif season. In reality, farmers had to shell out thousands on diesel for pumping saline groundwater to irrigate their holdings, even during the kharif season that ended this month.
“These minor canals were fed for less than four months,” said Anant Ram, a farmer in Khanwala village of Fazilka tehsil. The cotton yield from his 10-acre holding declined to a third this season, courtesy the saline groundwater, not fit for the crop. “Also paddy could not fetch us more than `1,400 per quintal, because of its poor quality, all due to the water crisis,” he said.
The entire area, spread over 1.11-lakh hectares, adjoining Rajasthan on the south and Pakistan on the west had earlier been a cotton hub.
“Many of us have gradually switched over from cotton to paddy in absence of irrigation. But paddy too turned out to be of poor quality due to salinity in groundwater,” said Anirudh of Kehrian village.
Meanwhile, a reverse osmosis (RO) plant for potable water is lying unused for over a year in Kehran. “During every election season, politicians promise round-the-year water, assuring action on our written demand for six-month regular supply, but to no avail,” said Anirudh.
Cong shifts into poll gear, Capt roadshows from Nov 21
‘ONE-UPMANSHIP’ Amarinder says party won’t support Badal’s move
CHANDIGARH: The Congress is in no mood to return any favours, at least not when the elections are barely three months away. When the Captain Amarinder Singhled Congress government had brought the Punjab Termination of Agreements Act-2004 over Sutlej-Yamuna Link (SYL) canal, the Shiromani Akali Dal had no choice but to support it as elections were years away. But 12 years down, as Punjab Congress chief, Amarinder is not willing to let the water war he waged for Punjab go down the drain.
The party pre-empted the move of the Parkash Singh Badal government of calling a special session of the Punjab assembly and asking the opposition to unite in the “interest of Punjab”, through en masse resignation of all its 42 MLAs on the day the adverse Supreme Court ruling came. As the battle of one-upmanship moves to Delhi—both parties will separately meet President Pranab Mukherjee and have asked their MPs to raise the issue in the Parliament—Amarinder has turned down Badal’s appeal to the Congress MLAs to attend the session. Instead, he intends to steal Badal’s thunder by embarking on roadshows from next week.
Starting November 21, the Congress campaign will move into poll gear as Amarinder holds roadshows across Punjab, adding SYL to the list of “woes inherited” from the 10-year-long Badal legacy. Talking to HT on Tuesday, Amarinder said Congress MLAs have already resigned in protest against Badal’s “failure” to protect Punjab’s water rights.“Badal could not defend the case for 10 years and failed to give true picture of Punjab’s depleted water resources to the Supreme Court. In the budget session, he passed the bill to denotify land acquired for the SYL but failed to secure the governor’s assent. We do not want to be a part of this farce,” he said.
He said their party has sought legal opinion and Punjab can bring in a legislation to remove the very foundation of the verdict after the Congress government is at the helm. ONE UP ON AAP TOO
The Congress is also cashing in on the issue to project itself as a “bigger well-wisher” of Punjab than not just ruling Akali Dal but also the Aam Aadmi Party (AAP). Hardly a day has passed since the SC ruling when Amarinder has not questioned the silence of AAP chief Arvind Kejriwal.
It is another matter that even Congress vice-president Rahul Gandhi chose to steer clear of answering media queries on SYL during his Punjab visit in April after the state assembly had annulled the land notification for SYL, as the Congress is rooting for SYL in Haryana. Like Rahul, Kejriwal cannot overlook Delhi’s concerns but a poll-bound state gets the right to be the first among equals and Capt knows that.
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