D M SINGHVI Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner, a former Chief Engineer and now an agriculturist, in the instant public interest petition, prays that the, share of water of inhabitants of Rajasthan should be safeguarded by ensuring the compliance of the provisions of Punjab Re-organisation Act, 1966 (in short '1966 Act') and the Bhakhra Beas Management Board be directed to take over the administration, maintenance and operation of the irrigation work and Head Work as per Section 79 of the said Act from the State of Punjab.

(2.) Brief resume of the facts is that on the recommendations of the Irrigation Commission 1903 efforts for diversion of water from Sutlaj river in Punjab to the Arid area in Bikaner was made on January 29, 1955. An agreement was entered into between the partner States and the Minister of Works and Power Government of India whereby 15.85 MAF of surplus water of the Ravi and the Beas came to be allocated between the concerned States. In the year, 1953 the Canal water and Power Commission prepared a preliminary project for the utilisation of the Sutlej water to serve the desert area of Rajasthan. After surveying the area the Government of Rajasthan finalised the project in 1956 and commenced the work some time in 1958. In 1966 the State of Punjab was bifurcated into two separate States viz. Punjab and Haryana vide Reorganisation Act. On October 1, 1967 a Board was constituted and Bhakhra Management Board was renamed as Bhakhra Beas Management Board. In 1974 Ministry of Energy Department of Power framed Bhakhra Beas Management Board Rules in exercise of powers conferred by Section 79 of the 1966 Act. The Bhakhra Beas Management Board vide notification dated April 11, 1974 constituted a technical Committee and a Water Account Reconciliation Committee by a further notification dated December 12, 1974. A fur ther Irrigation Technical Sub Committee was constituted on December 17, 1974. The Central Government noted in the notification dated March 24, 1976 that in 1955 the allocation of water in the states was as follows :- Punjab 7.20 MAF Rajasthan 8.00 MAF Jammu & Kashmir 0.65 MAF Total : 15.85 MAF

(3.) Aggrieved by the notification dated March 24, 1976 the State of Punjab issued a notice under Section 80, C. P. C. and filed a Civil suit before the Supreme Court under Article 131 of the Constitution challenging the validity of Section 78 of the 1966 Act on the ground that it entranced upon the field reserved for the State Legislature and the order passed by the Government of India. During the pendency of the civil suit discussions were held at highest level for amicable solution to the problem and ultimately a Tripartite agreement was entered into in the presence of Prime Minister of India on December 31, 1981 on the basis of flow of 1951 to 1960 and it was estimated at 20.56 MAF and after deducting transit loss of 3.13 the net surplus of Ravi Beas water was estimated as 17.17 as against the figure of 15.85. The MAF of 17.17 was allocated as under:- Share of Punjab 4.22 MAF Share of Haryana 3.50 MAF Share of Raj as than 8.60 MAF Quantity earmarked for Delhi 0.20 MAF Share of J. & K. 0.65 MAF Total : 17.17 As per this agreement the suits filed by the Government of Haryana and Punjab were withdrawn and the provisions of sections 78, 79 and 80 of 1966 Act attained finality. As per the provisions of 1966 Act the functions of the Bhakhra Beas Management Board (for short 'BBMB') includes the regulation of supply of water from Bhakhra Nangal Project and Beas Projects to the States of Haryana, Punjab and Rajasthan. In spite of agreement share of each states the Technical Sub Committee of the BBMB the State of Punjab created problem in releasing water to other states particularly the State of Rajasthan. The State of Punjab has also threatened by passing a unanimous resolution on the floor of the house for stoppage of supply of water to other states including Rajasthan. The State of Rajasthan is getting water from Punjab to Gang Canal, Bhakhra Canal and Indira Gandhi Canal since long. The water to these canals is supplied through the Headworks at Ferozpur, Ropper and Harike. The crops in Rajasthan mainly depend on the supply of water from these Head works.