STATE OF PUNJAB Vs. STATE OF HARYANA

JUDGEMENT

(1.) The State of Punjab has filed Suit No. 1 of 2007 on July 11, 2007 in this Court under Article 131 of the Constitution read with Order XLVII of the Supreme Court Rules, 1966 and claimed a decree of perpetual injunction restraining the State of Haryana from further proceeding with the digging of channel and construction of an embankment under the project named Hansi Branch - Bhutana Branch Multipurpose Channel project by puncturing the Bhakra Main Line Canal. The said State has also prayed for a decree of mandatory injunction directing the State of Haryana to dismantle the embankment of the project named Hansi Branch - Bhutana Branch Multipurpose Channel Project between the points X and Y in the map appended to the plaint as Annexure Rs. A. The State of Punjab has further prayed for a decree of perpetual injunction restraining the Union of India, its agents or departments from granting any clearance to the project named Hansi Branch - Bhutana Branch Multipurpose Channel Project in the absence of the concurrence of the State of Punjab as contemplated and mandated by Article 13 of the Bhakra Nangal Agreement entered into between the erstwhile State of Punjab and State of Rajasthan.

(2.) The Original Suit No. 1 of 2007 along with I.A. No. 1 of 2007 was placed before this Court for preliminary hearing on August 17, 2007 and after hearing the learned Counsel for the parties, following order was passed by the Court:

(3.) During the pendency of the above numbered Suit, the State of Punjab has filed present interlocutory application, and prayed to grant ad interim injunction restraining the DefendantState of Haryana from further proceeding with the construction of a concrete toe wall/providing concrete lining on the outer slope of the left embankment between RD 45000 and 57000 of the Hansi Branch - Bhutana Branch Multipurpose Link Channel (MPCL). On service of a copy of the interlocutory application the State of Haryana has filed detailed reply to which the State of Punjab has filed rejoinder.