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SC re-appoints receivers, seeks status report on SYL canal

Press Trust of India  |  New Delhi 

The Supreme today again appointed receivers in the ongoing Sutlej-Yamuna Link (SYL) canal dispute between and and sought a report from them by December 15 on the present status of land and other properties on the canal site.

A bench comprising justices P C Ghose and Amitava Roy, however, made clear that Union Home Secretary, Chief Secretary of and the Director General of Police, who have been made receivers, will not be taking over of the possession of the land, meant for the SYL canal project.



The three officers were earlier appointed receivers on March 17 on the plea of and they were given power to take possession of the project land and were also asked to maintain status quo on the site.

Later, a five-judge Constitution bench, on November 10, set aside the Termination of Agreement Act, 2004 which "unilaterally" terminated the 1981 water-sharing pact with Haryana.

The bench, however, had not asked the receivers to continue with their job.

Senior advocate Shyam Divan, appearing for Haryana, today said that recently, government had decided to denotify the land acquired for the SYL canal project with immediate effect and return them to the owners free of charge.

The bench, for the time being, did not agree with the submission of Divan that the receivers, like earlier, should take over possession of the land in question as the attempts have been made by to ensure that the verdicts of this is not enforced.

"The decision to denotify 5,376 acres of acquired land for the project and give them back to 4,980 farmers or their descendants would further complicate the issue," Divan said while urging the bench to pass an order to maintain status quo on the SYL canal site.

The bench issued notice to on the plea of seeking enforcement of apex the verdicts and appointment of the receivers to ensure that the project land in remains intact.

rushed to the after decided to denotify project land and give them back to farmers.
A battery of senior lawyers led by Ram Jethmalani and

Harish Salve represented and termed the dispute as "very sensitive" which can be resolved through "government-to- government" initiatives.

"Kindly issue notice to us. This is a very sensitive issue. No counsel should strictly go by the instructions of their clients. We all have to find a solution," Jethmalani said, adding a group of experts can be asked to go into the issue and "the should not decide the matter strictly on legal considerations".

Salve, also representing Punjab, said there should not be any order to restore the position as it would amount to quashing of decisions taken by the state government with regard to de-notification of land and their return to farmers.

"There is assembly resolution...The land cannot disappear. The land will remain as they are," he said, adding that is also facing acute water problem and moreover, the ground water is also depleting.

Earlier, the apex had agreed to hear the plea of alleging that was violating its earlier interim order that the status quo on land meant for Sutlej-Yamuna Link (SYL) canal be maintained.

The five-judge constitution bench has recently held that cannot "unilaterally" terminate the agreement or legislate to "nullify" the verdict of the highest court.

The controversial 1981 water-sharing agreement came into being after was carved out of in 1966.

For effective allocation of water, SYL canal link was conceptualised and both the states were required to construct its portions in their territory.

constructed the portion of SYL canal in its territory. However, after initial work, stopped the work leading to spate of litigations.

In 2004, the Congress government of the state came out with the Termination of Agreement Act with an intention to terminate the 1981 agreement and all other pacts relating to sharing of waters of rivers Ravi and Beas.

The apex had first decreed the suit of in 2002 asking to honour its commitments with regard to water sharing in the case.

challenged the verdict by filing an original suit which was rejected in 2004 by the Supreme which asked the Centre to take over the remaining infrastructural work of the SYL canal project.

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SC re-appoints receivers, seeks status report on SYL canal

The Supreme Court today again appointed receivers in the ongoing Sutlej-Yamuna Link (SYL) canal dispute between Punjab and Haryana and sought a report from them by December 15 on the present status of land and other properties on the canal site. A bench comprising justices P C Ghose and Amitava Roy, however, made clear that Union Home Secretary, Chief Secretary of Punjab and the Director General of Punjab Police, who have been made receivers, will not be taking over of the possession of the land, meant for the SYL canal project. The three officers were earlier appointed receivers on March 17 on the plea of Haryana and they were given power to take possession of the project land and were also asked to maintain status quo on the site. Later, a five-judge Constitution bench, on November 10, set aside the Punjab Termination of Agreement Act, 2004 which "unilaterally" terminated the 1981 water-sharing pact with Haryana. The bench, however, had not asked the receivers to continue with .. The Supreme today again appointed receivers in the ongoing Sutlej-Yamuna Link (SYL) canal dispute between and and sought a report from them by December 15 on the present status of land and other properties on the canal site.

A bench comprising justices P C Ghose and Amitava Roy, however, made clear that Union Home Secretary, Chief Secretary of and the Director General of Police, who have been made receivers, will not be taking over of the possession of the land, meant for the SYL canal project.

The three officers were earlier appointed receivers on March 17 on the plea of and they were given power to take possession of the project land and were also asked to maintain status quo on the site.

Later, a five-judge Constitution bench, on November 10, set aside the Termination of Agreement Act, 2004 which "unilaterally" terminated the 1981 water-sharing pact with Haryana.

The bench, however, had not asked the receivers to continue with their job.

Senior advocate Shyam Divan, appearing for Haryana, today said that recently, government had decided to denotify the land acquired for the SYL canal project with immediate effect and return them to the owners free of charge.

The bench, for the time being, did not agree with the submission of Divan that the receivers, like earlier, should take over possession of the land in question as the attempts have been made by to ensure that the verdicts of this is not enforced.

"The decision to denotify 5,376 acres of acquired land for the project and give them back to 4,980 farmers or their descendants would further complicate the issue," Divan said while urging the bench to pass an order to maintain status quo on the SYL canal site.

The bench issued notice to on the plea of seeking enforcement of apex the verdicts and appointment of the receivers to ensure that the project land in remains intact.

rushed to the after decided to denotify project land and give them back to farmers.
A battery of senior lawyers led by Ram Jethmalani and

Harish Salve represented and termed the dispute as "very sensitive" which can be resolved through "government-to- government" initiatives.

"Kindly issue notice to us. This is a very sensitive issue. No counsel should strictly go by the instructions of their clients. We all have to find a solution," Jethmalani said, adding a group of experts can be asked to go into the issue and "the should not decide the matter strictly on legal considerations".

Salve, also representing Punjab, said there should not be any order to restore the position as it would amount to quashing of decisions taken by the state government with regard to de-notification of land and their return to farmers.

"There is assembly resolution...The land cannot disappear. The land will remain as they are," he said, adding that is also facing acute water problem and moreover, the ground water is also depleting.

Earlier, the apex had agreed to hear the plea of alleging that was violating its earlier interim order that the status quo on land meant for Sutlej-Yamuna Link (SYL) canal be maintained.

The five-judge constitution bench has recently held that cannot "unilaterally" terminate the agreement or legislate to "nullify" the verdict of the highest court.

The controversial 1981 water-sharing agreement came into being after was carved out of in 1966.

For effective allocation of water, SYL canal link was conceptualised and both the states were required to construct its portions in their territory.

constructed the portion of SYL canal in its territory. However, after initial work, stopped the work leading to spate of litigations.

In 2004, the Congress government of the state came out with the Termination of Agreement Act with an intention to terminate the 1981 agreement and all other pacts relating to sharing of waters of rivers Ravi and Beas.

The apex had first decreed the suit of in 2002 asking to honour its commitments with regard to water sharing in the case.

challenged the verdict by filing an original suit which was rejected in 2004 by the Supreme which asked the Centre to take over the remaining infrastructural work of the SYL canal project.
image
Business Standard
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SC re-appoints receivers, seeks status report on SYL canal

The Supreme today again appointed receivers in the ongoing Sutlej-Yamuna Link (SYL) canal dispute between and and sought a report from them by December 15 on the present status of land and other properties on the canal site.

A bench comprising justices P C Ghose and Amitava Roy, however, made clear that Union Home Secretary, Chief Secretary of and the Director General of Police, who have been made receivers, will not be taking over of the possession of the land, meant for the SYL canal project.

The three officers were earlier appointed receivers on March 17 on the plea of and they were given power to take possession of the project land and were also asked to maintain status quo on the site.

Later, a five-judge Constitution bench, on November 10, set aside the Termination of Agreement Act, 2004 which "unilaterally" terminated the 1981 water-sharing pact with Haryana.

The bench, however, had not asked the receivers to continue with their job.

Senior advocate Shyam Divan, appearing for Haryana, today said that recently, government had decided to denotify the land acquired for the SYL canal project with immediate effect and return them to the owners free of charge.

The bench, for the time being, did not agree with the submission of Divan that the receivers, like earlier, should take over possession of the land in question as the attempts have been made by to ensure that the verdicts of this is not enforced.

"The decision to denotify 5,376 acres of acquired land for the project and give them back to 4,980 farmers or their descendants would further complicate the issue," Divan said while urging the bench to pass an order to maintain status quo on the SYL canal site.

The bench issued notice to on the plea of seeking enforcement of apex the verdicts and appointment of the receivers to ensure that the project land in remains intact.

rushed to the after decided to denotify project land and give them back to farmers.
A battery of senior lawyers led by Ram Jethmalani and

Harish Salve represented and termed the dispute as "very sensitive" which can be resolved through "government-to- government" initiatives.

"Kindly issue notice to us. This is a very sensitive issue. No counsel should strictly go by the instructions of their clients. We all have to find a solution," Jethmalani said, adding a group of experts can be asked to go into the issue and "the should not decide the matter strictly on legal considerations".

Salve, also representing Punjab, said there should not be any order to restore the position as it would amount to quashing of decisions taken by the state government with regard to de-notification of land and their return to farmers.

"There is assembly resolution...The land cannot disappear. The land will remain as they are," he said, adding that is also facing acute water problem and moreover, the ground water is also depleting.

Earlier, the apex had agreed to hear the plea of alleging that was violating its earlier interim order that the status quo on land meant for Sutlej-Yamuna Link (SYL) canal be maintained.

The five-judge constitution bench has recently held that cannot "unilaterally" terminate the agreement or legislate to "nullify" the verdict of the highest court.

The controversial 1981 water-sharing agreement came into being after was carved out of in 1966.

For effective allocation of water, SYL canal link was conceptualised and both the states were required to construct its portions in their territory.

constructed the portion of SYL canal in its territory. However, after initial work, stopped the work leading to spate of litigations.

In 2004, the Congress government of the state came out with the Termination of Agreement Act with an intention to terminate the 1981 agreement and all other pacts relating to sharing of waters of rivers Ravi and Beas.

The apex had first decreed the suit of in 2002 asking to honour its commitments with regard to water sharing in the case.

challenged the verdict by filing an original suit which was rejected in 2004 by the Supreme which asked the Centre to take over the remaining infrastructural work of the SYL canal project.

image
Business Standard
177 22