‘No jurisdiction’: Punjab opposes BBMB’s water release to Haryana in high court

Bedi argued that the BBMB’s decision could set a dangerous precedent, stressing that the distribution of Ravi-Beas waters was governed by Sections 78 and 79 of the Punjab Reorganisation Act, 1966, and not by board resolutions. “The BBMB has no jurisdiction to release water to any state beyond its share. This is strictly within the statutory framework, and altering it is impermissible,” he said, pointing out that Punjab had already objected during the meeting.

Appearing for the BBMB, senior advocate Rajesh Garg, assisted by advocate Neha Matharoo, countered that the board had acted within its mandate. “BBMB does not alter state shares. It regulates month-wise outflows from Bhakra and Pong based on inflows, reservoir safety and seasonal conditions. The April note was tentative, subject to bilateral agreement between Punjab and Haryana,” Garg told the court.

The bench examined the minutes of meetings held on April 23 and 24, noting that while Haryana had pressed for extra supply, Punjab had insisted it should not exceed the 4,000 cusecs agreed earlier. The BBMB chairman, however, observed that lowering reservoir levels was technically necessary and said both states could discuss the matter bilaterally.

The judges repeatedly asked Punjab whether Rule 7 of the Bhakra Beas Management (Board) Rules, 1974, provided an alternative remedy through an appeal to the central government against BBMB decisions. “If you are aggrieved by a BBMB resolution, why not represent to the Centre under the statutory rules?” Chief Justice Nagu remarked.

The court directed Punjab to file the full text of the 1974 Rules and the Act under which they were framed to clarify the scope of BBMB’s powers.