Punjab & Haryana HC bars Punjab from 'interfering' in Bhakra Dam operations

The Punjab and Haryana High Court has restrained Punjab and its departments including police personnel from "interfering" in the day-to-day functioning, operation and regulation of the Bhakra-Nangal Dam and Lohand control room water regulation offices managed by Bhakra Beas Management Board.

On May 6, a bench of Chief Justice Sheel Nagu and Justice Summet Goel said Punjab, however, was free to extend security to the Bhakra Nangal Dam and the Bhakra Beas Management Board (BBMB) personnel.

"State of Punjab and any of its functionaries including police personnel are restrained from interfering in the day-to-day functioning, operation and regulation of the Bhakra-Nangal Dam and Lohand control Room water Regulation offices managed by BBMB," the court ordered.

The bench further directed Punjab to abide by the decision of a meeting held on May 2 under the chairmanship of the Union home secretary.

Union Home Secretary Govind Mohan chaired a high-level meeting which advised executing BBMB's decision to release 4,500 cusecs of extra water from Bhakra Dam to Haryana for the following eight days to meet the state's urgent water woes.

The court said in case Punjab "is not agreeable to any decision taken by the Bhakra Beas Management Board, then it is free to invoke Explanation-II to Rule 7 of the 1974 Rules by making a representation to the Central Government through the chairman of the BBMB, which if made, shall be decided by the Central Government, expeditiously".

The BBMP moved high court objecting to the deployment of Punjab Police personnel at the Nangal Dam, calling it unconstitutional and illegal.

Punjab Police, it claimed, forcibly took over the operation and regulation of the Nangal Dam (Punjab) and Lohand Control Room water regulation offices and prevented the release of water to Haryana.

In its petition, the BBMB sought a direction to Punjab to remove its police force deployed "without any authority of law".

Amid the water row with Haryana, the Punjab government had informed the high court on May 6 that the state police was deployed at the Nangal dam due to security purposes and it was not interfering with BBMP's work.

Another plea was moved by advocate Ravinder Singh Dhull, alleging Punjab government "illegally deployed" police at the BBMB Bhakra headworks and Lohand escape channel, flouting all constitutional duties.

Dhull said the Haryana gram panchayat had also moved the high court.

The pleas were subsequently clubbed and heard together.

Notably, BBMB's technical committee decided on April 23 that 8,500 cusecs of water would be given to Haryana.

However, amid the water sharing dispute with Haryana, the Punjab government maintained that it is already providing 4,000 cusecs of water to Haryana on "humanitarian" grounds and refused to give 4,500 cusecs more, claiming the neighbouring state had already utilised its allocated share by March.