Punjab Govt Moves High Court To Recall Order Directing It To Abide By Centre's Decision For Giving Extra Share Of Water To Haryana

The Punjab Government today has moved an application before the Punjab & Haryana High Court to recall its order passed on May 06, which paved the way for the release of Bhakra dam water to Haryana,  by directing it to abide by the decision of the meeting held on May 02 conducted by Central Government's Home Secretary.

According to the Union Government's submission, on May 2, the Centre's Home Secretary at New Delhi convened a meeting and decided to release of extra 4500 cusec of water to Haryana in 8 days to meet the emergent needs of Haryana.

However, the Punjab Government objected to the same, stating in the application that the Union Home Secretary is not the competent authority and lacks jurisdiction to decide on allocation of water under Bhakra Beas Management Board (BBMB) Rules.

"Further the State of Haryana had stated during the proceedings before this Hon' ble court that the meeting dated 2.05.2025 was called by the Union Home Secretary as it pertained to the law and order situation. This further shows that the meeting could not have decided the issue of water allocation especially when it stood statutorily referred to Ministry of Power," added the plea.

The application stated that the impression was given before the Court that meeting was held on issue of release of extra 4500 cs of water to Haryana, "but, in fact there was there was no specific agenda for the meeting which was only in respect of the emergent issues with BBMB furthermore, the meeting was not held as a consequence or, in relation to the reference by the BBMB of the representation made by the Haryana."

It was also alleged that the BBMB concealed the letter written by the Haryana Government requesting the Chairman, BBMB to refer the matter to Centre Government under Rule 7 of BBMB 1974 Rules. 

Referring to Article 262 of the Constitution the application, the court stated that the Water Dispute between two States can be adjudicated in terms of law enacted by the Parliament. 

It added that hence as per the Inter State Water Dispute Act, the release of water to Haryana can be done against the determined share of Punjab only be with the consent of Punjab Government.

"Any deviation to release water in absence of such consent would constitute a water dispute and can only be decided by Constituting a Water Tribunal under 1956 Act and not otherwise," stated the plea.

In the light of the above, the application stated that the direction that "State of Punjab is directed to abide by decision of the meeting held on 02.03.2025 under the Chairmanship of the Home Secretary to the Government of India may kindly be re-called/ reviewed/modified as the direction in question was passed on account of parties to the lis falling to bring true and correct facts to the notice of the Court."

Background

"This Court is conscious of the present sensitive atmosphere prevailing in the State of Punjab due to cross border firing between India and Pakistan and therefore, does not want to burden the Chief Secretary as well as the Director General of Police, Government of Punjab, with any contempt notice," said the Punjab & Haryana High Court while granting time to Punjab Government to respond to Punjab-Haryana Water dispute contempt plea.

However, the bench opined that "prima facie" directions issued by the High Court on May 6, were not complied with by the Punjab Government.

On May 6, the High Court had restrained the Punjab Police from "interfering" in the day-to-day functioning of the dam and asked to abide by the decision of a Union Government meeting which had resolved to release extra water from Bhakra Dam to Haryana, for the State's emergent need. However, a contempt plea was filed alleging that the Punjab Police obstructed the BBMB from releasing the Dam water to Haryana.

Amid the ongoing dispute between the states of Punjab and Haryana over the sharing of Bhakra Nangal dam water, the High Court on May 8 asked the Chairman of BBMB to file an affidavit regarding his claim that the Punjab Police stopped him from releasing water to Haryana. Pertinent to note that on May 7, the High Court passed an order restraining the Punjab police from "interfering" in the day-to-day functioning of the dam.

However, appearing through video conference mode, BBMB Chairman Manoj Tripathi apprised the Court that two BBMB officers who were directed to release 200 cusecs of water to Haryana were restrained by the police agency.

The Chairman himself claimed to be "gheraoed" at the guest house by some civilians, when the Punjab Police rescued him. The Court had then directed Tripathi to file his statement on affidavit. The Court had further directed that Additional Solicitor General of India Satya Pal Jain to produce the relevant minutes of the meeting dated May 2, where it was decided to release 4500 cusecs extra water to Haryana in 8 days, for meeting emergent needs of the State.

The development comes in a contempt petition moved by a Gram Panchayat, alleging that the irrespective of the High Court order asking the Punjab Police not to interfere with the day-to-day activities of the Board, the agency restrained the BBMB officers from discharging their duties.

Title: Bhakra Beas Management Board v. Versus State of Punjab and others