editorial articles reviews news & views - Institute of Sikh Studies
editorial articles reviews news & views - Institute of Sikh Studies
editorial articles reviews news & views - Institute of Sikh Studies
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58<br />
ABSTRACTS OF SIKH STUDIES : APRIL-JUNE 2005 / 537 NS<br />
duty-bound to discharge their bonafide duties for the benefit <strong>of</strong> the<br />
people <strong>of</strong> the state; if they waste any state property or give it away to<br />
anyone without consideration, for their vested interests, even to retain<br />
political power or to get monetary gains or for any other reason<br />
whatsoever, it would be null and void. The construction <strong>of</strong> SYL<br />
canal was also a part <strong>of</strong> this so-called agreement. It does not confer<br />
any benefit on the state or its people. Can it ever be in the interest <strong>of</strong><br />
state and its people to waste thousands and thousands <strong>of</strong> acres <strong>of</strong><br />
land belonging to thousands <strong>of</strong> land owners to construct a canal to<br />
take Punjab river waters to Haryana without any consideration and<br />
make the remaining Punjab land semi-desert and unfit for agriculture<br />
No land for such a purpose could even be acquired under the Land<br />
Acquisition Act, being not for public purpose, rather anti-public<br />
purpose.<br />
Punjab state and its people were not allowed to get the judicial<br />
verdict in these unlawful and unjust distributions <strong>of</strong> Punjab river waters.<br />
The case filed in the Supreme Court by Punjab state was got withdrawn<br />
by Indira Gandhi by putting undue pressure on the Congress Chief<br />
Minister Darbara Singh. The cases filed in Punjab High Court against<br />
1981 distribution were fixed for hearing by Chief Justice S S<br />
Sandhawalia for Nov 15, 1983, by the Bench to be presided over by<br />
him, but he was transferred a day earlier to Patna High Court. Those<br />
cases were transferred to Supreme Court on Nov 18, 1983 on the oral<br />
request <strong>of</strong> the Attorney General, and have not been fixed for hearing<br />
as yet in the last over two decades. Supreme Court rather, on the<br />
application <strong>of</strong> Haryana state directed the Govt <strong>of</strong> India on June 4,<br />
2004 to get the SYL canal constructed through its agency, as Punjab<br />
Govt had not constructed it as per the agreement. Govt <strong>of</strong> India<br />
authorized Central Public Works Department to construct the canal.<br />
Punjab Legislature, in a special session in July 12, 2004 enacted<br />
the Punjab Termination <strong>of</strong> Agreements Act 2004, terminating 1981<br />
Agreement and all other agreements relating to Punjab river waters<br />
unanimously. It exhibited unity in the matter <strong>of</strong> Punjab river waters<br />
that these waters must be exclusively for Punjab, as it can no longer<br />
afford to give it to any other state. Punjab legislature has the<br />
jurisdiction to enact such law, the river waters being under its exclusive<br />
powers being the subject <strong>of</strong> state list. It is perfectly legal and