The Punjab Government has initiated preparations to approach the Supreme Court after being excluded from the Centre-backed Kishau Multi-Purpose Project. The state administration is finalizing the draft of a petition that will challenge the decision and seek legal intervention over Punjab's claim in the project and associated Yamuna water resources.
The move comes days after an agreement to advance the Kishau Project was signed on September 15 in New Delhi during a meeting chaired by Union Home Minister Amit Shah. The agreement was signed by Himachal Pradesh, Uttarakhand, Uttar Pradesh, Haryana, Rajasthan and Delhi. Punjab was not included among the participating states.
Punjab has alleged that the Centre moved ahead with the important Yamuna Basin project without taking the state into confidence. As a result, the state government has decided to pursue legal remedies through the country's highest court.
According to senior officials in the Water Resources Department, a letter has been sent to the office of the Advocate General seeking formal approval of the draft petition. The draft has already been reviewed by former Advocates General and senior legal experts.
Chief Minister Bhagwant Mann has previously raised Punjab's claim over Yamuna waters during meetings with the Centre. The state government has also sent five letters to the Central Government, including communications addressed to the Prime Minister, asserting Punjab's position on the issue.
Punjab's Arguments on the Kishau Project
The Kishau Project is proposed on the Tons River, a tributary of the Yamuna. The project is designed to generate 422 megawatts of electricity and provide irrigation benefits to nearly 97,000 hectares of land. It will also have a water storage capacity of 1,562 million cubic metres.
Punjab has objected to the distribution of project benefits among only six partner states, arguing that the state cannot be excluded from the framework governing Yamuna Basin resources.
In its proposed court challenge, Punjab is expected to contend that the Yamuna water-sharing agreement signed on May 12, 1994, cannot be used as a basis for excluding the state because Punjab was not a party to that agreement.
The state is also likely to rely on a 1954 agreement between erstwhile Punjab and Uttar Pradesh, under which old Punjab was entitled to two-thirds of the Yamuna's waters. Additionally, Punjab is expected to cite the 1972 Irrigation Commission report, which recognized Punjab as part of the Yamuna Basin.
Punjab's argument further points to the principle applied after the 1966 reorganization of the state. The government maintains that if Haryana, despite not being situated on the Ravi-Beas river banks, can receive water as a successor state, Punjab should similarly be considered a successor stakeholder in Yamuna waters.
The state is also expected to refer to Clause 8 of the 1994 agreement, which provides for a review after 2025. Punjab wants its claim to be considered during that review process.
Earlier Demand for Tribunal
Punjab had earlier sought the constitution of a separate tribunal under the Inter-State River Water Disputes Act, 1956. On April 25 last year, the state formally lodged a complaint with the Centre and requested the creation of such a tribunal to address the dispute.
With no action taken on that demand and the recent agreement signed among the six participating states, Punjab has now decided to take the matter to the Supreme Court.
The issue has also drawn political attention, with opposition parties questioning the government's silence after Punjab's name was omitted from the project framework. The state government has now moved to address the matter through legal channels.