Taking exception to the non-completion of Sutlej-Yamuna link (SYl) canal by the Punjab government, the Supreme Court on Tuesday directed that it should be completed within one year from now to augment the water supply to Haryana and Delhi.
In case the Punjab government failed to accomplish the task within the stipulated period, the Centre should get the work done through its own agency, the court said. The directions were issued by a bench of Mr Justice G B Pattanaik and Mr Justice Ruma pal while decreeing a suit by the Haryana government seeking directions to the Punjab government to build the portion of canal falling within its jurisdiction.
The court said that the suit by the Haryana government against the Punjab government for not constructing the portion of the canal within its territory was fully maintainable as it was not by any means an inter-state water dispute, where jurisdiction of the courts was barred. The judges passed strictures on the Ravi-Beas water tribunal headed by Mr Justice V B Eradi for its inaction in deciding several applications seeking directions after it gave its award in 1987.
''Retired Supreme Court judge heading a tribunal should not remain idle like this,'' the court said adding those clarification applications pending before the tribunal should be disposed of expeditiously.
The court also directed the Centre to fill-up one of the vacancies in three-member tribunal. The tribunal, which was set-up to determine the share of river water between the two states, gave its award in 1987.
Earlier, there was Rajiv Gandhi-Longowal accord on the same issue. According to the accord dated July 24, 1985 the Punjab and Haryana government were to build SYL canal link. As a matter of fact more than Rs 650 crore was spent on the project. More than 90 per cent portion of the canal that falls in Haryana was completed but the 10 per cent portion of the canal falling within Punjab could not be completed as a result canal could not become functional. The Haryana government approached the apex court by filing an original suit under Article 131 of the constitution. It was alleged that the river water was being allowed to be thrown into Pakistan by the Punjab government by not completing the portion of the canal falling within its jurisdiction.
Bureau Report