BALRAJ BAKSHI Vs. UNION OF INDIA

JUDGEMENT

(1.) The instant petition purported to be filed in public interest seeks jurisdiction of this Court to issue directions to Union of India, Ministry of Water Resources and Irrigation-respondent No.1 to compensate the people of Jammu and Kashmir on account of loss caused to them on account of executing Indus Water Treaty. A further prayer for issuance of direction to the State of Jammu and Kashmir has also been made to take up the matter with State of Punjab-respondent No.3 with respect to Ravi water as per Water Sharing Agreement of 1995 and 1979 entered between the State of Jammu & Kashmir-respondent NO.2 and State of Punjab-respondent No.3. It has also been prayed that directions be issued to Union of India and the State of Jammu and Kashmir to take steps for forcing the State of Punjab to build up the barrage at Shahpur Kandi in Gurdaspur (Punjab) as per the Water Sharing Agreement of 1955 and 1979 and enforce the provisions of treaty entered between the State of Jammu & Kashmir-respondent No.2 and State of Punjab-respondent No.3 by taking appropriate steps for getting 1150 cusec of water from Ravi river. A further direction has also been sought to the State of Jammu & Kashmir to provide drinking water to the people free of cost and also to create alternative resources of water in the kandi belt.

(2.) The petitioner has disclosed his antecedents by asserting that he is a well known Urdu writer and has been given some project by the Ministry of Art & Culture. He claimed to be producer of tele-films. In para 2 of it is asserted that people of Jammu & Kashmir are aggrieved of the Indus Water Treaty and the petition has been filed to advance the cause of people of Jammu & Kashmir State and he has no personal interest.

(3.) It is appropriate to mention that Indus Water Treaty, 1960 was entered between Government of India and that of Pakistan to attain complete and satisfactory utilization of the waters of the Indus system of rivers and the same is in force. A reference has been made in para 6 of the petition about some agreement between the Government of India and Pakistan where Government of Pakistan agreed to deposit with Reserve Bank of India some adhoc amount to be paid to Eastern Punjab as cost of the water supplied by the Eastern Punjab to the West Punjab. The aforesaid Inter Dominion Agreement on the canal waters dispute was signed at New Delhi on 04.05.1948. Thereafter Indus Water Treaty, 1960 was entered into between Government of India and Pakistan and in para 7 it is alleged that as a result of the Treaty India had to pay 63 million pounds to Pakistan as compensation for irrigation projects. An effort has been made to highlight various features of the Treaty and certain obligations undertaken between the two Governments. However, we are avoiding to give detailed sketch of various features of the Treaty as in the ultimate analysis we find the same to be irrelevant.