SC Asks Punjab To Enforce SYL Canal Decree
By Team Legistify / 2017-03-05

Have a Legal Issue?

Get connected to the Best Lawyers and Chartered Accountants Near You!


The Supreme Court today issued a stern warning to Punjab and said its November 10, 2016 verdictallowing construction of the Sutlej-Yamuna Link (SYL) canal in Haryana and Punjab has to be implemented in toto.“The decree passed by this court has to be given effect to. We will deliberate upon Punjab’s contention as to whether the judgement of a five-judge constitution bench, which held its law unconstitutional, was binding”, a bench of justices P C Ghosh and Amitava Roy said.

A five-judge bench, while answering the Presidential Reference  had held that the Punjab Termination of Agreement Act, 2004 was unconstitutional as it negated the effect of apex court judgments of 2002 and 2004.

Senior advocate R S Suri, appearing for the Punjab government, said the five-judge bench verdict was not binding as it was given under its advisory jurisdiction and the Punjab law still stands. He also said that the decrees passed by the apex court was not executable.

The Punjab government told the bench that the verdict which held Punjab Termination of Agreement Act, 2004 as unconstitutional did not render the law invalid, as the apex court had only given an opinion on the Presidential Reference. The Parkash Singh Badal government told the court that the State Act took away the very basis of the 2002 decree that went in favour of construction of SYL canal.

Suri said Punjab was forced to pass the 2004 Act because its water complaint filed in January 2003 was not acted upon and the Centre never set up a water tribunal to address its grievances.

None

Have a Legal Issue?

Get connected to the Best Lawyers and Chartered Accountants Near You!


Related Posts

Read More News on Similar Topics