Govt mulled tweaking 131-yr-old Act for SYL
S P Singh
Chandigarh
EVEN as Punjab Chief Minister Amarinder Singh today discussed the fallout of the Supreme Court judgement on the SYL canal construction with Union Water Resources Minister Priya Ranjan Das Munshi, it is now learnt that top officials have been seriously considering another legal route to safeguard the state’s interests – an Amendment in the Northern Indian Canal and Drainage Act 1873.
Sources said that such an amendment would be aimed at preventing construction, repair or maintenance of any new canal for taking water beyond the boundary of Punjab unless it is passed by the Punjab Vidhan Sabha.
The State government is already trying to bring in a Bill aimed at strengthening the state’s defence in view of the Supreme Court’s directive to hand over the SYL canal construction work to a Central Agency. Former Attorney General Soli J Sorabjee is helping in drafting this Bill which is reportedly aimed at nullifying the contractual obligation imposed by the December 31, 1981 agreement, inked jointly by then Prime Minister Indira Gandhi and CMs of Punjab, Haryana and Rajasthan.
Senior officials confirmed that the move to amend the 1873 Act was indeed considered in government quarters informally, and a final view was yet to emerge. However, the ramifications of the Bill extend not only to Haryana, the state against whom Punjab is pitted on the SYL question, but also Rajasthan which in any case is getting water from Punjab rivers.
The proposal involved adding an additional clause (Section 55 A, after Section 55) to Part VII of the Northern India Canal and Drainage Act, 1973.
The proposed text of the amendment reads: “Notwithstanding any agreement, order of judgement to the contrary, no new canal or water channel shall be constructed, repaired or maintained for taking water beyond the boundaries of the State of Punjab without a resolution of the Punjab VS sanctioning the design, capacity and construction of such a canal/channel. Provided that no such resolution be moved in the House without specifying the likely effects on the water table of the area around it and consequent effect on the natural drainage of the area and its ecology.”
Sources close to the CM say such a proposal would have been most effective had it been mooted after the 1956 Inter-Sate Water Disputes Act but now it has the potential of not only opening a Pandora’s Box but also attracting opposition from several other states.
If such an Amendment is made, it would put a virtual stop to SYL canal construction, but experts caution against the view that the judiciary may take if such a step. The idea of amending the 1873 Act was in fact mooted by an independent MLA Jit Mohinder Singh who even tried to move a Private Member’s Bill in the State Assembly during the Budget session. The Bill could not be moved as the 15-day advance notice period was not given, and a final decision on its fate was left to the next session. Jit Mohinder today said this was the best course and that he had discussed the matter with renowned water resources expert G.S. Dhillon too.
Meanwhile, Amarinder will be meeting Sorabjee in Delhi tomorrow for a detailed discussion on the proposed legislative measure. Top government officials said pros and cons of any such legislative measures would be discussed. Amarinder has already announced a special session of the Assembly before July 15, and it is likely to be convened on July 12 at noon.
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Eradi panel to re-visit Punjab The Eradi Tribunal will make yet another visit to Punjab for assessing the river waters’ quantum. Sources said the decision was taken at the meeting of the Tribunal in Delhi today. Punjab Advocate General Harbhagwan Singh also attended the meeting. The Tribunal will again meet tomorrow to decide the dates of the visit to Punjab. It is likely to visit Pathankot and Harike Pattan. Meanwhile, river water resources expert P.S. Kumedan said the Tribunal must visit Patiala Ki Rao which is the edge of the Indus river basin for a better assessment of water quantum. The Tribunal had visited Himachal and Punjab recently for the same purpose. |
July 8, 2004