Mohinder Verma
JAMMU, Feb 5: Keeping in view the apprehensions regarding Punjab Government’s opposition to the project, Jammu and Kashmir Government is all set to approach Attorney General of India by the week end to seek his legal opinion before going ahead with the construction of Ravi Canal from Basantpur up to the inflow of Ranjit Sagar dam reservoir to lift water for irrigating 1.33 lakh acres of land in three districts of Jammu province.
Authoritative sources told EXCELSIOR that as decided by the State Cabinet on December 17, 2012, the Law Department in the recent past approached the Attorney General of India Goolam E Vahanvati with the request to give legal opinion on the construction of Ravi Canal from Basantpur and lifting water from upstream of Ranjit Sagar dam on Ravi river in view of abrogation of agreement regarding sharing of water by the neighbouring State.
“After the Attorney General agreed to look into the legal aspect and make suggestions on the issue, the matter was thoroughly discussed between the top officers of the PHE, Irrigation and Flood Control and Law Departments and finally it was decided that former will make payment of Rs 4.5 lakh fee to the Attorney General of India”, sources said, adding “today the Administrative Secretary of PHE, Irrigation and Flood Control Department gave authorization to the Chief Engineer of Ravi Tawi Irrigation Project for advance drawal of the amount”.
By the end of current week, the Demand Draft of the amount as well as all entire record pertaining to the project available with the Law as well as PHE, Irrigation and Flood Control Department would be submitted to the Attorney General of India through J&K Government’s counsel at Union Capital Sunil Fernandes, sources said, adding on the receipt of the legal opinion from the Attorney General of India the matter regarding construction of Ravi Canal from Basantpur and lifting of water from upstream of Ranjit Sagar dam would be placed before the Cabinet for final decision.
The necessity to obtain fresh legal opinion from Attorney General of India was felt by the State Cabinet in view of divergent views of State Advocate General, former Chief Justice of India, Justice V N Khare and former Solicitor General of India, Amrinder Saran, who were approached by the PHE, Irrigation and Flood Control Department on the direction of the then Minister Incharge Taj Mohi-ud-Din.
“Advocate General of J&K is of the opinion that State Government should wait till the outcome of the case moved before the Supreme Court by the Haryana and Rajasthan Governments after the Punjab Government unilaterally abrogated all the agreements with other States on Ravi river water by enacting Punjab Termination of Agreements Act in 2004 while as former Chief Justice of India, Justice V N Khare and former Solicitor General of India, Amrinder Saran have given an opinion that since agreement has already been abrogated by the Punjab Government there is no problem for the Jammu and Kashmir Government to go ahead with the construction of canal and lifting of water from upstream of Ranjit Sagar dam on Ravi river”, sources said.
Though the Planning and Development Department gave its concurrence to the construction of project and even released Rs 20 crore as advance on the basis of legal opinion given by the former Chief Justice of India and former Solicitor General of India, the Finance Department refused to give approval on the ground that in case of any legal hurdle from the Punjab Government the fate of Rs 250 crore worth project would hang in balance, sources said.
The project assumes great significance in view of the fact that it will irrigate nearly 1.33 lakh acres of land in three districts of Jammu province for which 82 kilometer canal and 500 kilometer tributaries were constructed 30 years back. Besides, another important aspect is that the project also has the potential to produce nearly 20 MW of power for the State.
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