Satluj-Yamuna Link: Shyam Divan secures interim relief for Haryana [Read Order]

The Supreme Court today made some strong observations against Punjab for what it considered as acts by the Punjab government which rendered the court’s decree “un-executable”..This happened in the hearing relating to Punjab Termination of Agreements Act, 2004 passed by the State of Punjab by which it had terminated all the water sharing agreements with the neighbouring States..The Constitution Bench recorded in its order that “it cannot be a mute spectator” when its decree is made un-executable. The Bench comprised of Justices Anil R Dave, PC Ghose, Shiva Kirti Singh, AK Goel and Amitava Roy..By way of background, the case is a 2004 special reference under Article 143 pertaining to the Punjab Termination of Agreements Act, 2004. The Act, passed by Punjab, terminated all the water sharing agreements with the neighbouring States. This had jeopardised the construction of Satluj-Yamuna Link canal..The matter had come up for final hearing before Constitution Bench this Monday when Attorney General Mukul Rohatgi informed the court that the Punjab will be passing a bill to return the land acquired for the construction of the canal to the farmers..The Court had, therefore, adjourned the case..When the matter came up for hearing today, Senior Advocate Shyam Divan appearing for Haryana submitted that the bill has been passed and Punjab has already started allowing farmers to take possession of the land..He submitted that the court, as an interim measure, should appoint a receiver to take possession of the land and not allow Punjab to defeat the jurisdiction of the court when the matter is pending before the court..“People have already started filling up the canal in the Punjab territory. Your lordships should appoint a receiver for the canal land. This court should not allow its jurisdiction to be rendered toothless by such legislative activity”, he submitted..Senior Advocates Ram Jethmalani and Rajeev Dhavan appeared for Punjab. Jethmalani in his inimitable style began his submissions by stating that he “has a confession to make”..“I am not as smart and well versed as my learned friend is. I will only take ten minutes to argue.”.He then submitted that the Supreme Court’s jurisdiction under the reference is limited and it can only submit a report to the President and not give any interim orders..“Your jurisdiction is only to hear arguments on the questions referred to you and report to the President. The report will not have the character of a decree. Grant of interim reliefs do not arise when it comes to advisory jurisdiction exercised by this court.”.Solicitor General Ranjit Kumar, appearing for the Central government, submitted that he would need more time to take instructions in the matter and asked the court to adjourn the case..“Haryana did not press for a stay of the 2004 Act. They waited for 12 years for this reference to come up. My request is to give me more time to take instructions. I don’t know the ground realities”, he said..The Court, however, proceeded to order status quo to be maintained with respect to the canal land. It also appointed the Union Home Secretary, Chief Secretary of Punjab and Director General of Police of Punjab as joint receivers with regard to the land..The Court also recorded in its order that certain acts have made its decree un-executable and “it cannot be a mute spectator”.. Read the order below.