Punjab moves HC for review of Bhakra water-release order
CHANDIGARH: Punjab has filed a review petition seeking a recall or modification of Punjab and Haryana high court's May 6 order directing it to release additional water from Bhakra Dam to Haryana in compliance with a decision taken at a meeting chaired by the Union home secretary.
The plea accuses Bhakra Beas Management Board (BBMB) chairperson of misrepresenting facts in court and questions the Union home secretary's administrative authority to take a decision on the water row.
Punjab also contends that the board's submission in court doesn't mention the dispute being referred to the Union govt by the time it convened a meeting on April 30, allegedly "without proper adjudication by the competent authority", and decided to release 8,500 cusecs of water to Haryana.
The Bhagwant Mann govt also pointed out that the Union home secretary Govind Mohan, who chaired the May 2 meeting, wasn't the appropriate authority to decide on water allocation issues, based on Rule 7 of the BBMB Rules.
The petition mentions that the meeting had been specifically convened to address law and order concerns linked to the water row.
"The applicant state is aggrieved by the direction passed as a result of completely erroneous, factually incorrect, and legally unsustainable submissions made by BBMB, Haryana, and the Union of India before the HC. The correct facts came to light when the Union govt produced before this court the letter dated May 9, along with the undated record of discussion of the meeting dated May 2," the petition states.
"It is apparent that neither was the Union home secretary competent to decide the issue regarding the allocation of water, nor were the minutes ever circulated to the states concerned before May 9, which was the last date for hearing the matter."
An official spokesperson said the AAP govt in Punjab was concerned that BBMB was attempting to "illegally divert Punjab's water to Haryana at the behest of the BJP-led Centre".
The review petition will be heard on Wednesday.
Punjab also contends that the board's submission in court doesn't mention the dispute being referred to the Union govt by the time it convened a meeting on April 30, allegedly "without proper adjudication by the competent authority", and decided to release 8,500 cusecs of water to Haryana.
The Bhagwant Mann govt also pointed out that the Union home secretary Govind Mohan, who chaired the May 2 meeting, wasn't the appropriate authority to decide on water allocation issues, based on Rule 7 of the BBMB Rules.
The petition mentions that the meeting had been specifically convened to address law and order concerns linked to the water row.
"The applicant state is aggrieved by the direction passed as a result of completely erroneous, factually incorrect, and legally unsustainable submissions made by BBMB, Haryana, and the Union of India before the HC. The correct facts came to light when the Union govt produced before this court the letter dated May 9, along with the undated record of discussion of the meeting dated May 2," the petition states.
"It is apparent that neither was the Union home secretary competent to decide the issue regarding the allocation of water, nor were the minutes ever circulated to the states concerned before May 9, which was the last date for hearing the matter."
The review petition will be heard on Wednesday.
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