Premium

Punjab challenges Bhakra Beas board’s move to release water beyond state’s share

The Bhakra Beas Management Board’s directions to release additional water were issued without jurisdiction and are beyond the statutory framework governing the board, the Punjab government submitted in court.

waterPunjab Advocate General MS Bedi argued that the board had no authority to determine or alter water allocations between states. (Express File Photo)

The Punjab government on Tuesday told the Punjab and Haryana High Court that the Bhakra Beas Management Board (BBMB) had acted beyond its jurisdiction by directing the release of water to another state beyond the agreed share, arguing that the board’s role is limited to administration, maintenance, and operation of the projects.

Appearing before a division bench of Chief Justice Sheel Nagu and Justice Sanjiv Berry, Punjab Advocate General M S Bedi said the state had challenged a series of BBMB decisions and communications, including minutes of meetings and a subsequent letter directing the release of water.

Bedi argued that the board had no authority to determine or alter water allocations between states. “BBMB can only carry out administration, maintenance and operation. It cannot decide the share of water between states,” he said, adding that the directions to release additional water were issued without jurisdiction and beyond the statutory framework governing the board.

According to Punjab, the decisions were reflected in the minutes of meetings held last year, dated April 23, April 30, and May 3, as well as a notification issued on April 24, 2025. The state has also challenged a letter issued by the board directing the release of water.

The advocate general said the decisions were based on technical committee and board meetings and resulted in directions to release water beyond the quantity agreed between the states. He told the bench that there had been no previous instance where water had been released to any state beyond its share without the consent of the concerned states.

“This has happened for the first time in history that BBMB has exceeded its jurisdiction,” Bedi argued.

The bench asked whether the issue effectively amounted to an inter-state dispute over water. Bedi responded that the present case did not involve a dispute between states but was a challenge to the authority exercised by the board itself.

Story continues below this ad

He further submitted that a letter issued by the BBMB on April 24, 2025, initially stated that the release of water would be “subject to a bilateral decision of Punjab and Haryana”. However, another communication issued the same day removed this condition, which he described as arbitrary.

‘Reopening issues already adjudicated’

Senior counsel Rajesh Garg, appearing for the BBMB, opposed the maintainability of the petition and referred to earlier proceedings in the matter. He told the court that in a previous order, the high court had directed Punjab to abide by decisions taken in a meeting chaired by the Union home secretary and had indicated that the state could approach the central government under the relevant rules if it was aggrieved by any decision of the board.

Garg said the high court had reiterated this position while dismissing a review petition, and the Supreme Court had subsequently declined to interfere with those orders. According to him, the present petition effectively sought to reopen issues that had already been adjudicated.

He argued that the Supreme Court had upheld the high court’s approach and that the liberty granted by the apex court did not allow the state to challenge the same decisions again before the high court.

Story continues below this ad

Responding to the submissions, the bench noted that the earlier orders had been affirmed by the Supreme Court and asked what liberty had been granted to the state in those proceedings.

Bedi maintained that the present challenge was different as the specific minutes of meetings and communications now under challenge had not been part of the earlier litigation. He also sought time to place judgments before the court on the question of maintainability and jurisdiction.

While the bench indicated that the matter could have been reserved for orders, it accepted the request of the advocate general and adjourned the case for further hearing next week.

Manraj Grewal Sharma is a senior journalist and the Resident Editor of The Indian Express in Chandigarh, where she leads the newspaper’s coverage of north India’s most politically and institutionally significant regions. From Punjab and Haryana to Himachal Pradesh and the Union Territory of Chandigarh, she oversees reporting at the intersection of governance, law, politics and society. She also reports on the diaspora, especially in Canada and the US. With a career spanning journalism across several countries, academia and international development, Manraj brings a rare depth of perspective to regional reporting. She is widely regarded as a leading chronicler of Punjab’s contemporary history and socio-political evolution, particularly its long shadow of militancy, federal tensions and identity politics. Her book, Dreams after Darkness, remains a definitive account of the militancy years and their enduring aftermath. Professional Background & Expertise A gold medalist in mass communication and a post-graduate in English literature, Manraj has a multifaceted career spanning journalism, academia, and international development. She was also awarded a fellowship by National Foundation of India and did several in-depth pieces on Manipur. Internationally, she has reported from Israel, US, UK, Myanmar, and Mauritius Her key focus areas include: Regional Politics, History, Agriculture, Diaspora, and Security. Of late, she has started focusing on Legal & Judicial Affairs: Much of her recent work involves reporting on high-stakes cases in the Punjab and Haryana High Court, ranging from environmental policy to civil rights. International Consulting: She previously served as a consulting editor for the Asia Pacific Adaptation Network and a publishing consultant for the Asian Development Bank (ADB) in Manila. Academia: For five years, she was the managing editor of Gender, Technology and Development, a peer-reviewed international journal at the Asian Institute of Technology, Bangkok. Recent Notable Articles (Late 2025) Her recent reportage focuses heavily on judicial interventions and regional governance: 1. Environment & Governance "‘NGT can’t test legality of policy’: HC hears challenge to Punjab’s ‘Green Habitat’ plan" (Dec 22, 2025): Covering a critical legal battle over whether the National Green Tribunal has the authority to strike down a state policy regularizing farmhouses on delisted forest land. "High court pulls up Punjab poll panel over audio clip probe" (Dec 10, 2025): Reporting on judicial concerns regarding the transparency and fairness of local body elections. 2. Legal Rights & Social Welfare "HC issues notice to Punjab, Haryana over delay in building old age homes" (Dec 22, 2025): Reporting on a contempt petition against top officials for failing to establish government-run homes for the elderly as promised in 2019. "Victims can appeal acquittals in sessions court without seeking special leave" (Dec 19, 2025): Highlighting a significant procedural shift in criminal law following a Supreme Court ruling. "HC upholds benefits for Punjab FCI officer acquitted in 20-year-old bribery case" (Dec 19, 2025): A report on the concept of "honourable acquittal" and its impact on employee benefits. 3. Human Rights & Identity "As Punjab denies parole to MP Amritpal Singh, HC asks it to submit ‘foundational material’" (Dec 1, 2025): Covering the legal proceedings regarding the radical preacher and sitting MP's request to attend Parliament. "Protecting life paramount: HC backs Muslim woman in live-in after verbal divorce" (Nov 6, 2025): Analyzing judicial protections for personal liberty in the context of traditional practices. Signature Beats Manraj is recognized for her ability to decode complex judicial rulings and relate them to the everyday lives of citizens. Whether it is a 30-year-old land battle in Fazilka or the political implications of Kangana Ranaut’s candidacy in Mandi, her writing provides deep historical and regional context. Contact @grewal_sharma on X manrajgrewalsharma on Instagram ... Read More

 

Advertisement
Loading Recommendations...
Latest Comment
Post Comment
Read Comments