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PUNJAB RIVER WATERS – UNLAWFUL AND UNJUST DISTRIBUTIONS
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that this arrangement will be reviewed from time to time. Deputy
Secretaries are not even heads of the departments and had no powers
to take such a decision. For lack of consideration, free consent, or
competency, it is null and void.
The 1976 distribution of Punjab river waters, was an award of
the Prime Minister Indira Gandhi vide which Rajasthan was allocated
8.6 MAF, Haryana 3.5 MAF, Delhi 0.2 MAF and Punjab 3.5 MAF out
of 15.8 MAF which was declared as surplus, though there was no
surplus water, and this entire water was much less than the needs of
Punjab. The Prime Minister had no power and jurisdiction to distribute
Punjab river waters. There was no consideration, no free consent and
no competency. It was null and void. Punjab Govt challenged it in
Supreme court as illegal and void, but Indira Gandhi, Prime Minister,
got the case withdrawn ftom Punjab Chief Minister Darbara Singh
under political pressure to withdraw the case or resign; he preferred to
retain his post.
The 1981, distribution of Punjab river waters was also made by
Prime Minister, Indira Gandhi with an imaginary increase in surplus
waters to 17.17 MAF. The allocations of Rajasthan, Haryana and
Delhi remained the same, but that of Punjab was increased to 4.2
MAF: while J&K was added in the list with allocation of 0.65 MAF
waters. This time it was got signed from the Chief Ministers of Punjab,
Haryana and Rajasthan. The same strategy was employed to get the
signatures of Chief Minister Punjab, Darbara Singh, to sign or resign.
There are witnesses in this regard besides the press statement of
Darbara Singh himself. This so-called agreement is also null and void
in the absence of consideration, free consent, or competency for
agreement and non compliance of Article 299 of the Constitution,
besides lack of decision of the council of ministers, and approval of
state legislature. The Chief Minister has no authority to give away
state property without consideration. The state Govt cannot do it, as
it is only a mere custodian to manage it for the benefit of the people
of the state. The river waters are most valuable state asset and the
Chief Minister or the state Govt and even the state legislature have
no powers to give it without consideration. These institutions are
elected by the people of the state for the best management of its
affairs in the best interests of the state and its people. And they are