Punjab wins as HC issues water notice

The Punjab Government has approached the Punjab and Haryana High Court seeking recall of the Court's May 6 order that directed release of additional water from Bhakra Nangal Dam to Haryana.

The High Court bench comprising Chief Justice Sheel Nagu and Justice Sumeet Goel has sought responses from the Bhakra Beas Management Board (BBMB), Haryana Government and the Union Government on Punjab's application on the next hearing on May 20.

The official spokesperson of the state government informed that the state of Punjab has raised strong objections to the Centre's May 2 decision, arguing that the Union Home Secretary lacks jurisdiction to decide on water allocation under BBMB Rules.

Senior Counsel Gurminder Singh appearing alongside Punjab Advocate General Maninderjit Singh Bedi and Additional Advocate General Chanchal Singla, contended that the BBMB had misrepresented facts to execute an illegal order allocating extra water to Haryana.

The Punjab Government has stressed that under Article 262 of the Constitution and the Inter-State Water Dispute Act, 1956, release of water to Haryana beyond Punjab's determined share requires Punjab's consent. In its submission, the Government stated it had already consented to provide 4,000 cusecs of water daily to Haryana but objected to the additional demand of 4,500 cusecs for eight days.

The court was informed that during an extraordinary BBMB meeting on April 28, Punjab filed specific objections to Haryana's demand for 8,500 cusecs of water and no consensus was reached.

The Punjab Government has maintained that any water dispute between states can only be decided by constituting a Water Tribunal under the 1956 Act.

Notably, the matter will be heard alongside the contempt case initiated against the Punjab Government on May 20.

Punjab Advocate General Maninderjit Singh Bedi said that the Punjab Government had filed a review petition on May 12 challenging the May 6 court order, alleging procedural violations and misrepresentation of facts. The petition contends that BBMB is attempting to illegally divert Punjab's water to Haryana at the behest of the BJP-led Central Government.

Key arguments in the review petition include concerns about the May 2 meeting, which was incorrectly portrayed as a formal decision-making forum when no official minutes were ever provided to state authorities. The Punjab Government has stressed that only a press note was circulated about the May 2 meeting instead of formal minutes, which cannot be considered an official record of decisions made.

The review petition further clarified that the meeting was not conducted under Rule 7 of the 1974 Rules as incorrectly presented to the court. This misrepresentation formed the basis for the disputed court order of May 6, 2025.

When directed by the court, the Union Government failed to produce official minutes of the May 2 meeting, presenting only what they termed a "discussion record." The Punjab Government had pointed out that according to information provided to the court, the Secretary of Power, not the Home Secretary, is the competent authority under Rule 7 to make decisions in such matters.

Despite the lack of proper documentation and authorization, the BBMB proceeded to release water to Haryana without completing the required legal process. The Punjab Government has called upon the court to review its May 6 order in light of these serious procedural violations and misrepresentations.