SC asks Centre to survey SYL canal land in Punjab

The Supreme Court on Wednesday asked the Centre to conduct a survey of the land meant for the construction of the Sutlej-Yamuna Link (SYL) canal in Punjab.

It also asked the Punjab government to extend cooperation in the survey, while telling the Bhagwant Mann government, "Don't compel us to issue tough orders".

A bench of Justices Sanjay Kishan Kaul, C T Ravikumar, and Sudhanshu Dhulia also asked the Centre to actively pursue the mediation between Punjab and Haryana.

The bench said the Punjab government "has to accept the 'maryada' (decorum) of the Supreme Court". 

Referring to the 21-year-old decree in favour of Haryana, the bench said, “Something will have to be done” since Haryana has already constructed its part of the canal.

On behalf of Haryana, senior advocate Shyam Divan said that there was an order of the Supreme Court for execution of the decree and things have to move forward and the only thing that remains is construction, and Punjab, of course, has to cooperate.

The bench said it would have to find a solution and the dispute that is listed before it is for the construction of the canal. 

The bench told Additional Solicitor General Aishwarya Bhati, representing the central government, to survey the complete area in Punjab and directed the state government to cooperate and submit a report regarding the progress on the construction.

"How much construction has been made and what has been made (sic)," the bench said. 

The Punjab government counsel pointed at the decreased availability of water and other problems in the execution of the decree.

The bench, however, said, “We are concerned with the decree for the construction of the SYL (Satluj Yamuna Link) canal in the Punjab portion, as Haryana has already constructed its portion. The land was acquired and construction commenced in Punjab, though there may be varied estimates of what extent of construction has already been completed."

The bench noted that Punjab endeavoured to release the land to the farmers, an action which was stayed by the court and a receiver was appointed. 

“We would like the Union of India to survey the portion of the land of Punjab allocated for the project to ensure that the land is protected, as the Punjab government could not have released the land, their action having been stayed,” the bench said.

The bench further said, “An estimate has to be made, what is the extent of construction which has already been carried out in Punjab. The counsel for Punjab endeavoured to persuade us that with passage of time the availability of water has become less and thus the share of Haryana would be less…..the execution does not deal with the allocation of the water.….”

The bench also listed out three jobs for the Centre, one to conduct a survey of what is happening there; second, to check up on information and three, mediate between the states.

With regard to the availability of water, Divan said there are issues between Haryana and the state of Punjab for the purposes of having an independent body which monitors the water. 

The top court directed the Centre to look into the process of mediation to find an amicable solution to the vexed problem, which has not been solved for several years and posted the matter for further hearing in January 2024.

After Punjab’s refusal to construct its part of the SYL canal, the Supreme Court had asked the Centre to play a more “pro-active role instead of being a mute spectator” to resolve the issue.