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| PIL regarding IWT: DB dismisses PIL with costs Rs 10,000 | | | Early Times Repport
Jammu, Apr 14 : A Public Interest Litigation (PIL) filed by one Balraj Bakshi seeking directions to the Union of India Ministry of Water Resources and Irrigation to compensate the people of Jammu and Kashmir on account of loss caused to them on account of executing Indus Water Treaty (IWT), A Division Bench of State High Court Comprising Chief Justice MM Kumar and Justice Muzaffar Hussain Attar observed there is no room for this Court to entertain the instant petition and dismissed the same with costs of Rs.10, 000/-. Division Bench of State High Court comprising Chief Justice MM Kumar and Justice Muzaffar Hussain Attar observed that Supreme Court enjoys the original jurisdiction to the exclusion of any other Court in respect of dispute between Government of India and one or more States or Government of India or any State or States on one side and one or more States on the other or between two or more States. "We have not been able to persuade ourselves to entertain this petition for the reason that Indus Water Treaty, 1960 is in operation for the last over 54 years.
A treaty like Indus Water Treaty was entered between two sovereign countries with the object of attaining complete and satisfactory utilization of waters of the Indus system of rivers and it is in force for the last 54 years, court observed and questioned how it could cause loss to the citizen is beyond our comprehension. 'Such a question in any case would be beyond the pole of jurisdiction of this Court, court added. Division Bench failed to understand how this realization has dawn on the petitioner that he alone could think of such a loss after a period of 53 years and is of the view that the dispute between the State of Jammu and Kashmir and State of Punjab has to be resolved by invoking the original jurisdiction under Article 131 of the Constitution by either of the State. There is, thus, no room for this Court to entertain the instant petition and dismissed the same with costs of Rs.10, 000/-. The petitioner has prayed for issuance of direction to the State of Jammu and Kashmir has also been made to take up the matter with State of Punjab with respect to Ravi water as per Water Sharing Agreement of 1995 and 1979 entered between the State of Jammu & Kashmir and State of Punjab. It has also been prayed that directions be issued to Union of India and the State of Jammu and Kashmir to take steps for forcing the State of Punjab to build up the barrage at Shahpur Kandi in Gurdaspur (Punjab) as per the Water Sharing Agreement of 1955 and 1979 and to enforce the provisions of treaty between the State of Jammu & Kashmir and State of Punjab- by taking appropriate steps for getting 1150 cusec of water from Ravi river. |
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