SC to fix date on 7th Jan for hearing on Punjab law on water

The Supreme Court said it will decide on 7th January next year, the date for commencing the hearing on the Centre's reference on a controversial Punjab law annulling all river water sharing agreements with neigbouring states. A Bench headed by Chief Justice K G Balakrishnan said on Friday that it will hear the parties for fixing the date for hearing on the contentious issue. Haryana Government March 2007 had moved the court after the newly elected Akali Dal-BJP government in Punjab announced its intention to even scrap clause 5 of the Act which requires it to maintain existing level of river water supply to Haryana and Rajasthan as per the 1981 agreement on river water sharing. The previous Congress Government led by Amrinder Singh in July 2004 had enacted the Act after the apex court had directed the Centre to take up the construction of the Punjab portion of the Satluj-Yamuna Link canal. Later, the apex court had also rejected Punjab government's plea to review its decision. Punjab Government had enacted the law soon after the Union Government had asked the Central Public Works Department (CPWD) to take up the construction work of the canal. The construction of the Punjab portion of the canal was assigned to the Centre as the apex court had felt that the State Government was showing reluctance to do it. The then President A P J Abdul Kalam in July 2004 had referred the Punjab Termination of Agreement Act, 2004 to the apex court under Article 143 of the Constitution seeking its opinion on its constitutional validity. The matter has been pending for over three years. In seeking the apex court's opinion on Punjab's termination of its river water-sharing accords with neigbouring states, the President on 22nd July, 2004 had made the fourt points. First, whether the Punjab Termination of Agreement Act and the provisions thereof are in accordance with the provisions of the Constitution. Second, whether the Punjab Termination of Agreements Act and the provisions thereof are in accordance with the provisions of Section 14 of the Inter-State Water Disputes Act 1956, Section 78 of the Punjab Reorganisation Act, 1966 and the Notification dated 24th March, 1976 issued thereunder. Third, whether the State of Punjab has validly terminated the agreement dated 31st December, 1981 and all other agreements relating to the Ravi, Beas waters and is discharged from its obligation under the said agreement(s). Fourth, whether in view of the Provision of this Act, the State of Punjab is discharged from its obligations flowing from the judgement and decree dates 15th January, 2002 and the judgement and order dated 4th June, 2004 of the Supreme Court of India.

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