The Supreme Court on Wednesday constituted a three-member committee of Union Home Secretary, Punjab Chief Secretary and State DGP to act as receivers of the land acquired by Punjab for construction of the Satluj-Yamuna link (SYl) Canal and prepare a report on the ground situation by December 15.
The move followed an application filed by Haryana Government alleging that Punjab Government was not acting as per the decision of the apex court requiring the State to construct its part of the SYl Canal. Despite the order of the Court issued on November 10, 2016, the Punjab Assembly passed a resolution on November 16, 2016 to the contrary. It authorized the Government and its officials to return the land measuring 5376 acres acquired for purpose of SYl Canal to 4980 farmers, the original landowners, thus showing no signs to honour its commitment to build the canal.
By the construction of the Canal, Haryana will get a portion of water from Ravi and Beas rivers as per a 1981 Agreement.
The bench of Justices PC Ghose and Amitava Roy found merit in Haryana's plea and ordered status quo on the land in question as existing on date. When Haryana requested for the three-member team of receivers to be restored the control of the land, Punjab objected. Senior advocate Harish Salve who appeared for Punjab said that the matter is very sensitive and with the lapse of time since the notification of the resolution, farmers have taken possession of the land in question. "Dispossessing them would entail serious law and order consequences," Salve said.
The bench agreed to retain the same set of receivers who were appointed by the Court in March 2016 when an earlier attempt was made by the Punjab Assembly to return the land to farmers. At the same time, the bench clarified, "The receivers are for purpose of requiring a report on the ground situation."
Even the Centre was represented in Court by Solicitor General Ranjit Kumar. He informed the Court that a report can be tabled in Court within 10 days but status quo has to be as on date. The bench posted the case for hearing on December 15. Salve objected saying that the matter may be taken up after Punjab elections, due early next year. He said officials will be busy for the elections and in a week or so, Model Code will be in place once the elections are announced.
But the bench felt that the dispute required an early determination since the November 10, 2016 direction of the apex court was given by a Constitution Bench of five judges who set aside a 2004 law passed by Punjab refusing to honour the 1981 Agreement.