Anil Anand
River water disputes have almost acquired a perennial definition in the short but significant seven decades existence of Independent India. But the mother of all these disputes is the issue of still elusive Satluj Yamuna Link (SYL). Like all other river water disputes in the country this one involving primarily Punjab and Haryana with a small stake for Rajasthan as well has acquired absolute political overtones.
Come elections and the SYL controversy comes alive that in turn has become the genesis of this never ending controversy. The latest episode wherein the very existence of the SYL link has been sought to be annulled once for all reflects the desperation of the BJP-Shiromani Akali Dal government in Punjab in furthering the poll chances of the two allies in the not-too-far Assembly elections. And the Congress desperate to stage a comeback fathoms some chance for it.
The fact that basic anatomy of this river water sharing mechanism, which came much before the National Democratic Alliance Government headed by Mr Atal Bihari Vajpayee trumpeted the river sharing as one of its USPs, had germinated out of politics and makes it even more controversial by the day. The controversy as the trend has been witnessed over the years is not squarely borne out of need to mitigate mutual water woes. The key characters in the dispute have made everyone believe so but without any tangible results. On their part they have backed it and subsequently backed out as the political expediency arose.
Punjab is headed for Assembly elections and the one key characters who had waged and won many a political battles manipulating SYL like issues Mr Prakash Singh Badal is in the thick of action. In the twilight of his political career he is facing the toughest battle for survival more from the point of view of his Deputy Chief Minister son Mr Sukhbir Singh Badal than for himself.
So the Badal senior’s bouncer in the shape of SYL Bill that Punjab Assembly passed unanimously cutting across political and ideological divides. The Punjab SYL Canal Land (Return of Propriety Rights) Bill if and when becomes a legislation will denotify the acquired land. As a result the farmers, whose land were taken for building the canal will be able to reclaim the same. It is based on basic premise that the construction of the Punjab part of the link canal was not needed so no point in retaining the land.
It was but natural that the other sparring state and a direct party to the water sharing Haryana went into an overdrive and knocked at the Supreme Court’s doors, that is already hearing the matter. The Punjab Bill runs contrary to the standing orders of the Apex Court of 2004 asking Punjab to complete its portion of the canal to facilitate supply of water to Haryana.
The SYL canal story has interesting twists and turns. The origin of the current crisis also has a linkage to the Punjab Termination of Agreements legislation which was enacted when current Pradesh Congress president Captain Amrinder Singh was the chief minister. This Act had followed suit after Supreme Court’s June 2004 directions on construction of the link canal. The Act had in fact put a question mark on the project before a similar latest act came. A Presidential reference for its opinion is still pending before the Apex Court. In all probability the Punjab government is likely to further move the Court seeking clarity about “riparian” status of Haryana and Rajasthan before it gave a final verdict.
Earlier the Punjab government had objected to Section 3 of Section 78 of the Re-organisation Act under which Haryana was carved out of Punjab. This proviso had given a right to Haryana and Rajasthan to receive and utilise water available for distribution as a result of projects located on the rivers in Punjab.
So presence of the two arch rivals the Badal senior and the Captain as contestants for the 2017 Assembly polls makes the entire SYL controversy reek of a political agenda and nothing else. Nevertheless it is an interesting act to study.
Since the latest row is triggered by Chief Minister Mr Badal with BJP as his ally, the old-warhorse must be clear in his mind as to its political benefits. So would be the wily Captain who thought it prudent to back the legislation pertaining to return of land without any pre-conditions.
This political up-fronting apart the passage of Bill has to be followed by a detailed and long winding procedure before the farmers could get their land back. For Mr Badal it is already half-done as he has created an emotive issue for the Assembly polls. The Captain too has secured his pie in the emotive blend. If the farmers get back their land or not is not their concern at this juncture.
The passage of SYL Bill is a victory of sorts for Mr Badal wherein all political parties made a common cause lest none of them was seen as working against Punjab’s interests. The next step would be the Governor’s assent following which the state government will issue a notification to enforce the Act.
The more tedious process of updating the revenue record would then start. It would entail recording the land entries afresh in the name of the persons who owned it at the time of acquisition nearly 35 years back as currently the state is the owner.
This would be a unique process in itself as return of the land to more than 5000 farmers would also involve “reviving” many dead persons who were the erstwhile owners of the land. The acquisition and ownership process would be further delayed in the face of Supreme Court order to maintain status quo.
Expectedly the Supreme Court did crack the whip and directed that a status quo on the issue be maintained thereby restraining Punjab from taking any action on ground amidst reports that the farmers aided by political parties had already started filling the dug up areas of the proposed canal ahead of land reclamation. It was more a symbolism with an eye on the Assembly elections as pictures of JCBs and tractors junking debris into the pits were splashed all over.
Even if the legislation comes through all the legislative processes, the land acquisition would still be a difficult task. Notwithstanding the fresh legal controversies that it will come up both on intra and inter-state levels with Supreme Court keeping a close eye, the father-son duo of Badals would only feel satisfied having conjured up a new emotive political idea as a tactic to divert attention from the government’s failures. The rivals will draw solace in having supported Punjab’s interests steadfastly.
The genesis of SYL canal row lies in the Punjab Reorganisation Act-1966 which had a provision that the newly carved state of Haryana would be entitled to share of Sutlej water. The process of land acquisition began in 1977 under the then Janata Party Government at the Centre for the construction of 214 kilometer Sutlej-Yamuna link with 121 kilometer stretch falling under Punjab and the remaining 92 kilometer in Haryana.
This had been the most spectacular phase of this controversy as two friends in arms and veteran politicians Mr Devi Lal and Mr Badal were on the same side of the political fence. They were holding important positions either in their respective states of Haryana and Punjab or at the Centre.
The close relations of the two political families are well known and so are their interests in the agriculture sector. But still they have pursued their politics in two states keeping issues such as SYL alive and using it to achieve their political goals. That explains the political intricacy involved in it.
How did they do it? The period between 1977 and mid 1980s makes an interesting reading. In the post-Emergency era Mr Devi Lal became chief minister of Haryana while Mr Badal winning his Lok Sabha election became Union Minister for a short-while before shifting to Punjab as chief minister. During this course both of them did nothing to oppose the SYL or foment trouble to their mutual benefit.
The cat and mouse game among political friends and foes continues unabated. The 2004 Bill was passed by Amrinder government while the 2016 Bill has been guided by Mr Badal. And both were seen complimenting each other on two occasions.
feedbackexcelsior@gmail.com
Trending Now
E-Paper
Follow our WhatsApp channel