SC notice to Centre, 6 States on water sharing law Monday, August 2 2004 16:43 Hrs (IST)
New Delhi:
The Supreme Court today (August 2, 2004) issued notices to the Centre, Punjab, Haryana, Rajasthan, Himachal Pradesh, Jammu and Kashmir and Delhi on the Presidential reference seeking Court's opinion on the validity of a Punjab law terminating its agreements on water sharing with neighbouring States.
A five-judge Constitution bench headed by Chief Justice R C Lahoti declined Attorney General Milon Banerjee's request for issuance of a public notice on the issue on the lines of a similar notice issued by the apex Court when it was hearing the Presidential reference on the Ayodhya controversy.
The court asked the Centre and Chief Secretaries of six States to file within six weeks their statements on facts as well as on law concerning the Presidential reference.
In the face of the inter-state feud following the Punjab law scrapping all river water-sharing accords with its neighbouring States, the Centre had on July 22 referred the controversial measure to the Supreme Court looking for a legal way out. Kalam referred the Punjab Termination of Agreements Act, 2004 to the apex Court underon four points:
Whether the Punjab Termination of Agreement Act, 2004 and the provisions thereof are in accordance with the provisions of the Constitution of India; whether the Punjab Termination of Agreements Act, 2004 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.
Whether the State of Punjab has validly terminated the agreement dated 31.12.1981 and all other agreements relating to the Ravi-Beas waters and is discharged from its obligation under the said agreement(s); and whether in view of the provisions of the Act, the State of Punjab is discharged from its obligations flowing from the judgement and decree dated 15.01.2002 and the judgement and order dated 04.06.2004 of the Supreme Court.