Can't be any confusion or hesitancy on construction of SYL canal: SC

The Supreme Court on Wednesday made it categorical that there can be no confusion and hesitancy on construction of Satluj-Yamuna link canal as there are two decrees by it.

Both Punjab and Haryana have to maintain law and order, it ordered. “The decree has been passed by the highest court, it has to be implemented. If both Haryana and Punjab agree for some solution with an interference from Union government, then it is good, otherwise, we will invoke legal process,” a bench of Justices P C Ghose and Amitava Roy said.

“There is no escape from the fact that there are decrees in favour of canal. Punjab has to allow it. The canal has to be constructed,” the bench added.

The court made its observations as senior advocates Ram Jethmalani and R S Suri, appearing for Punjab, favoured for a political solution with an active role by the Union government as an arbitrator to resolve its dispute with Haryana on constructing 214-km long canal to link Satluj and Yamuna rivers.

In an affidavit, the Punjab government had maintained that the land meant for constructing the SYL canal that had been given back to the landowners could not be recovered.

Haryana represented by senior advocates Shyam Divan and Jagdeep Dhankar said digging of the canal has to start as there have been directions in its favour by the apex court in 2002 and 2004.

Following the apex court's November 10, 2016 judgement, restoring its previous verdict of 2004 for the canal, there is now no impediment in implementing the decree, they said. “It has to be taken to its logical conclusion, otherwise it would lead to corrosion in the Constitution and the rule of law,” Divan submitted.

A Constitution Bench had on November 10 held that Punjab could not have taken a “unilateral” decision to terminate the agreement with Haryana, Himachal Pradesh, Rajasthan, Jammu and Kashmir, Delhi and Chandigarh on sharing of the Ravi-Beas river waters.