BBMB goes to court, terms Punjab’s dam takeover illegal; state accuses Haryana of mismanagement

BBMB, in its petition argued by Senior Advocate Rajesh Garg, and advocates Neha Matharoo and Mandeep Singh claimed that on May 1, Punjab deployed police personnel to take control of the Nangal Dam and Lohand Control Room Water Regulation Offices, thereby obstructing the release of 8,500 cusecs of water to Haryana as decided in board meetings. Garg termed Punjab’s action “unconstitutional and illegal,” and said it infringed on BBMB’s statutory authority under the Punjab Reorganisation Act, 1966.

Garg said when confronted, Punjab tried to gloss over its takeover by sending a letter to BBMB Monday morning, saying that they had increased security at BBMB in view of the tensions with Pakistan following the April 22 Pahalgam terror attack.

BBMB said the decision to increase water allocation was taken in its Technical Committee meeting on April 23 to address reported drinking water shortages in Haryana, Rajasthan, and Delhi. The reallocation included 500 cusecs for Rajasthan and 496 cusecs for Delhi. Punjab, however, refused to comply beyond its voluntary offer of 4,000 cusecs, citing Haryana’s overuse and mismanagement of its share.

Appearing for Punjab, Senior Advocate Gurminder Singh ‘Garry’ submitted that BBMB records dated April 20 confirmed that both Haryana and Rajasthan had already drawn more water than allocated. “Not only has Haryana drawn beyond its share, it now wants the court to issue a mandamus for the release of Punjab’s water to them. That too, on the pretext of a crisis which no longer exists,” said the former advocate general.

Garry informed the court that despite Haryana’s overdraws, Punjab had, on humanitarian grounds, agreed to release 4,000 cusecs — more than double the 1,700 cusecs Haryana needs to meet its drinking water needs. “This was an act of generosity, but they now want 8,500 cusecs, which is clearly for irrigation —particularly for paddy — and not for survival,” he argued.

He added that the original request from Haryana was due to temporary repairs on the Western Yamuna Canal (WYC), which had since been completed. “That was the emergency they had cited. Now the repair work is over. The water supply has resumed. Their own record before the BBMB shows that the additional water was only needed till May 1. That date has passed,” he said.

Garry also criticised BBMB for procedural violations, accusing it of calling emergency meetings with only 24-hour notice instead of the mandatory seven days under Rule 4 of the BBMB Transaction of Business Regulations. “Punjab raised objections as early as January 2025, warning of Haryana’s consistent overdrawals. Yet, BBMB failed to act,” he submitted.

BBMB underlined that under the Bhakra Beas Management Board Rules, 1974, disputes should have been escalated to the Central Government, not resolved through force. It further warned of potential disaster due to the police’s lack of expertise in dam operations.

The board sought a writ of mandamus to compel Punjab to withdraw its police force and vacate the premises, alongside an interim order restraining further interference. Additional prayers included summoning case records, dispensing with advance notice and certified annexures, and covering legal costs.

Reiterating that Punjab was committed to its voluntary allocation, Garry maintained that the state could not allow further diversion of its resources. “We are not backing out of our commitment. But there is no question of agreeing to 8,500 cusecs now. The alleged emergency is over. What they are asking for is irrigation water disguised as a crisis,” he said.