Pb's decision to return SYL project land illegal: Haryana A-G

The Haryana government today said the Punjab Cabinet "does not have the power" to return land acquired for the Sutlej Yamuna Link (SYL) canal project to its "original owners" after the Supreme Court's verdict on the issue.
Earlier in the day, the Punjab Cabinet announced it will denotify the land acquired for the canal project and return it to the "original owners" at no cost.
"The Punjab government has no power to return the land as the Supreme Court has made it clear in its verdict that the state legislative or executive cannot frame laws on inter- state water issues," Haryana Advocate General (AG) Baldev Raj Mahajan said here.

"This decision (of the Punjab Cabinet) is completely illegal and without jurisdiction," he claimed.
The Supreme Court in its November 10 judgment held the Punjab Termination of Agreements Act, 2004, passed by Punjab to terminate water sharing pacts with neighbouring states as "unconstitutional".
Describing the move of the Punjab government as "vote bank politics", the A-G said, "The Punjab cabinet's decision is just a show-off in the wake of elections (next year)."

The Haryana government would take-up the matter in the Supreme Court when it is listed for hearing, he informed.
Mahajan said Haryana will get the matter pertaining to the execution of the apex court's 2002 and 2004 orders to complete the SYL canal expedited.

"The state would press for the execution of the decree passed by the Supreme Court in favour of Haryana in 2002 and 2004. Whereby the SYL canal be constructed," he said.
The Advocate General said the execution petition was already pending with the Supreme Court.
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Meanwhile, Haryana Principal Secretary for Irrigation Anurag Rastogi said any fresh legislation brought to nullify any part of the Presidential Reference on the SYL canal issue, on which the Supreme Court has given its judgement, would be "unconstitutional".
"If we go by the opinion of the Supreme Court, the step taken by Punjab Government is unconstitutional. Any such step in the future will also be unconstitutional," he said.

"In the decision of the Supreme Court in 2002 and 2004, it was stated that the SYL Canal should be completed by the Central Public Works Department. But then the Punjab Assembly enacted the Punjab Termination of Agreement Act," he said.
The constitutional bench of the Supreme Court has given its decision in favour of Haryana and now it would be forwarded to the President of India for a final decision, he added.