Report and decision under section 5(2) given in April , 1987. Clarification /explanation sought from the Tribunal under section 5(3) of the said Act by the party States. Presidential Reference 1 of 2004 was made on the Punjab Termination of Agreements Act, 2004 . The Hon’ble Supreme Court has pronounced the judgement on Presidential reference in negative. Further, Govt. of Haryana has filed IA no 6 of 2016 in OS No. 6 of 1996 in the matter . The matter is subjudice.
Punjab Legislature on 12.07.04 enacted the Punjab Termination of Agreements Act, 2004 (PTAA). The Act terminates all agreements relating to the Ravi Beas waters, including the agreement dated 31.12.1981 signed by the Chief Ministers of Punjab, Haryana and Rajasthan and fully discharges Government of Punjab of any obligation arising from the agreements. The Act provides that all existing and actual utilizations through the existing systems shall remain protected and unaffected. A Presidential Reference regarding the PTAA has been made on 22.07.2004 under Article 143 of the Constitution of India.
The Presidential Reference No. 1 of 2004 has been answered by the Hon’ble Supreme Court on 10.11.2016, wherein the Hon’ble Court has opined in its advisory jurisdiction that the Punjab Termination of Agreements Act, 2004 cannot be said to be in accordance with the provisions of the Constitution of India. However, as suggested by the Ld. Solicitor General of India, the Act has not been declared illegal by the Court on any prayer made by the Parties.
Interlocutory Applications No. 6 of 2016 in a related Suit No. 6 of 1996 and the connected I.A. No. 1 of 2017 in I.A. No. 6 of 2016 are also under consideration of the Hon’ble Court at present.
The issue of water availability and allocation is also being discussed at various level as a part of concerted efforts to reach at an amicable resolution of the Satluj Yamuna Link (SYL) Canal issue.