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The Bhakra Beas Management Board (BBMB) has initiated legal action against the state of Punjab, alleging that Punjab's actions in obstructing the release of water to Haryana are illegal. The BBMB's plea centers around Punjab's deployment of police personnel to take control of key water regulation facilities, specifically the Nangal Dam and the Lohand Control Room Water Regulation Offices. This move, according to the BBMB, directly interferes with the board's statutory authority, as defined by the Punjab Reorganisation Act of 1966, and prevents the release of 8,500 cusecs of water to Haryana, a quantity determined during established board meetings. The BBMB argues that Punjab's actions are unconstitutional and represent a blatant disregard for established protocols and agreements governing water distribution. The BBMB presents the increased security explanation as a weak attempt to justify the takeover, pointing out that the alleged tensions with Pakistan were cited as the reason, following the Pahalgam terror attack on April 22nd. The BBMB's claim is rooted in the premise that the decision to allocate additional water was made in response to legitimate drinking water shortages reported in Haryana, Rajasthan, and Delhi. The decision was formalized in the Technical Committee meeting on April 23rd, highlighting the urgency and the transparent nature of the allocation process. In contrast, Punjab's refusal to comply beyond its voluntary offer of 4,000 cusecs is portrayed as an act of defiance and a violation of inter-state water sharing agreements. The legal recourse sought by the BBMB underscores the severity of the situation. The BBMB is seeking a writ of mandamus to compel Punjab to withdraw its police force and vacate the premises, effectively restoring the board's control over the water regulation facilities. The board also requests an interim order to prevent further interference from Punjab, safeguarding the water supply to Haryana and other states. Furthermore, the BBMB has requested the court to summon the case records, dispense with advance notice and certified annexures, and cover legal costs, demonstrating its commitment to pursuing the matter through legal channels. The BBMB emphasizes that under the Bhakra Beas Management Board Rules, 1974, disputes should be escalated to the Central Government, not resolved through force. It also warns of potential disaster due to the police’s lack of expertise in dam operations.
In response to the BBMB's allegations, the state of Punjab, represented by Senior Advocate Gurminder Singh ‘Garry’, presented a strong counter-argument before the Punjab and Haryana High Court. Garry asserted that Haryana had overdrawn its allocated water quota and was now attempting to secure additional water under the guise of addressing drinking water needs, effectively misrepresenting the true purpose of the request. He highlighted that BBMB records from April 20th confirmed that both Haryana and Rajasthan had already exceeded their allocated water limits, thereby undermining their claim of a genuine water crisis. Garry further argued that Haryana's attempt to obtain a court order (mandamus) for the release of Punjab's water was unjustified, especially considering the alleged crisis no longer existed. He pointed out that Punjab, despite Haryana's overdraws, had acted on humanitarian grounds and agreed to release 4,000 cusecs of water, which was more than double the 1,700 cusecs required by Haryana to meet its drinking water needs. This act of generosity, according to Garry, was being exploited by Haryana to secure an even larger amount of water (8,500 cusecs), primarily for irrigation purposes, specifically for paddy cultivation. Garry further emphasized that the original request from Haryana was predicated on temporary repairs being conducted on the Western Yamuna Canal (WYC). He argued that the repair work had since been completed, restoring the water supply and eliminating the emergency situation that had initially prompted the request for additional water. Garry stated that Haryana's own records presented to the BBMB indicated that the additional water was only needed until May 1st, a date that had already passed. He also leveled criticism against the BBMB for alleged procedural violations, claiming that the board had called emergency meetings with only 24-hour notice, failing to comply with the mandatory seven-day notice requirement under Rule 4 of the BBMB Transaction of Business Regulations. Garry asserted that Punjab had raised objections regarding Haryana's consistent overdrawals as early as January 2025, yet the BBMB had failed to take appropriate action. This alleged inaction on the part of the BBMB further fueled Punjab's skepticism towards the board's motives and its handling of the water distribution issue.
The core of the dispute lies in the conflicting claims regarding the necessity and purpose of the requested water allocation. The BBMB maintains that the additional water was allocated in response to genuine drinking water shortages, while Punjab argues that Haryana's demand is driven by irrigation needs, particularly for water-intensive crops like paddy. The validity of the alleged emergency is a crucial point of contention. Punjab contends that the initial justification for the increased water allocation – the temporary repairs on the Western Yamuna Canal – is no longer valid, as the repairs have been completed and the water supply has been restored. This claim directly challenges the BBMB's assertion that the water allocation is still necessary to address drinking water shortages. The procedural irregularities alleged by Punjab against the BBMB further complicate the matter. The claim that emergency meetings were called with insufficient notice raises questions about the transparency and fairness of the BBMB's decision-making process. Furthermore, Punjab's assertion that it had previously raised concerns about Haryana's overdrawals, without any corrective action from the BBMB, suggests a potential bias or negligence on the part of the board. The legal arguments presented by both sides highlight the complexities of inter-state water sharing agreements and the challenges of balancing competing needs and interests. The outcome of the court case will have significant implications for the future of water distribution in the region and the role of the BBMB in managing these resources. The court's decision will likely establish important precedents regarding the interpretation and enforcement of water sharing agreements, the obligations of participating states, and the authority of the BBMB to regulate water distribution. Ultimately, the resolution of this dispute requires a comprehensive understanding of the water needs of all stakeholders, a commitment to transparency and fairness in the decision-making process, and a willingness to cooperate in the sustainable management of water resources.
Punjab's reiteration of its commitment to its voluntary allocation of 4,000 cusecs underscores its position that it is not reneging on its responsibilities but that the demand for 8,500 cusecs is excessive and unjustified. Garry emphasized that there is no question of agreeing to the larger amount, given that the alleged emergency is over and the request is essentially for irrigation water disguised as a crisis. The clash between BBMB and Punjab underscores the delicate balance of power and the complexities of managing shared resources in a federal system. The case brings to the forefront the challenges of ensuring equitable water distribution, especially in regions facing water scarcity and competing demands from agriculture, industry, and domestic consumption. The legal battle also sheds light on the procedural aspects of decision-making by regulatory bodies like the BBMB, highlighting the importance of adhering to established rules and norms to maintain transparency and legitimacy. The allegations of procedural violations raised by Punjab raise questions about the BBMB's governance practices and the extent to which they are perceived as fair and impartial. The court's intervention in this dispute highlights the role of the judiciary in resolving inter-state conflicts and ensuring that regulatory bodies act within the bounds of their authority. The case serves as a reminder of the potential for conflict when resources are scarce and competing interests are at stake, and the importance of having clear legal frameworks and effective mechanisms for dispute resolution. The outcome of the case will not only determine the immediate allocation of water but also shape the future of water management in the region, potentially leading to reforms in the governance and operation of the BBMB and the way inter-state water disputes are handled in India. The long-term implications of this dispute extend beyond the immediate parties involved, potentially affecting other states and regions that rely on shared water resources. The case serves as a call for greater cooperation and collaboration among states in managing water resources sustainably and equitably, and for strengthening the institutions and mechanisms that govern water allocation and dispute resolution.
Source: BBMB goes to court, terms Punjab’s dam takeover illegal; state accuses Haryana of mismanagement