Supreme Court orders status quo on Sutlej-Yamuna Link

New Delhi: The Supreme Court directed the Punjab government on Wednesday to maintain “status quo” on the Sutlej-Yamuna Link (SYL) canal land and issued notice to Punjab and the Centre on Haryana’s application for implementation of the apex court directions regarding the sharing of Ravi-Beas waters.

A bench of Justices Pinaki Chandra Ghose and Amitav Roy also appointed the Union home secretary, the Punjab chief secretary and the director general of police as court receivers of the canal land, and asked them to file a report within a week on the “ground situation”. “Status quo as of today shall be maintained by the parties, subject to further orders of this Court,” the court said.

When senior counsel Ram Jethmalani and Harish Salve, appearing for Punjab, submitted that land had already been vested with the farmers, the bench clarified that “for the present, nobody in possession of the lands etc. in question as on today would be dispossessed before the next date of hearing”.

By a notification issued on November 16, Punjab returned the acquired land to the farmers after the Assembly passed a resolution in this regard.

Arguing for Haryana, senior counsel Shyam Divan questioned the validity of the November 16 notification. He said Punjab must honour the Constitution Bench decision as well as the earlier judgments of the apex court on the implementation of the agreements. Answering the Presidential reference on the validity of the 2004 Punjab Termination of Agreements Act, the Constitution bench had held that the Assembly had no power to enact any law to nullify the apex court’s decree in favour of Haryana.

Mr Divan submitted that the Union home secretary, the Punjab chief secretary and the DGP, who had been appointed as court receivers of the canal land on March 17, 2016 while hearing the Presidential reference, continued to be receivers as no further orders had been passed to terminate their appointment.

Arguing for Punjab, senior counsel Harish Salve pleaded that the sensitive issue should be allowed to be handled by those coming to power in the ensuing Assembly poll in state.

Senior advocate Ram Jethmalani pleaded that the Centre should take the initiative to resolve the issue in the national interest by appointing a group of experts to assess the water availability, requirements and entitlement of the two states, besides the compulsions of Punjab and the water needs of Haryana. It should also explore alternative sources which “exist,” he said.

After the November 10 SC ruling, the Punjab government de-notified about 5,000 acres of land acquired for the canal while the state assembly adopted a resolution on November 16 for stalling canal work by the Central Public Works Department (CPWD) and for demanding charges for river waters. The Bench listed the matter for further hearing on December 15 to consider the report of the receivers.