Chandigarh, April 4: The Punjab Federal Manch headed by Patiala MP Dr Dharam Vira Gandhi today moved a writ petition in the High Court of Punjab and Haryana challenging certain sections of the Punjab Reorganisation Act, 1966.
Through their counsel Rajvinder Singh Bains and Loveneet Thakur, the petitioners said the sections 78, 79 and 80 of the Act were violative of articles 162 and 246(3) of the Constitution as “Irrigation and Hydel Power ” are the State Subjects under entry 17 of the State list. The Parliament was not empowered to legislate on these provisions in so far as they hit the above mentioned articles.
The petitioners also sought a declaration to the effect that section 14 of the Inter-state River Waters Disputes Act 1956, too, was unconstitutional which hit the entire scheme of providing for the competency of a State to raise disputes and their resolution through tribunals and experts.
Another major prayer raised by the petitioners was that the court may provide for a suitable machinery to evaluate and grant the cost of water to the State of Punjab by the recipient States namely Rajasthan, Haryana, Delhi and Chandigarh.
On their part, Dr Gandhi and his associates assessed the cost of water that, according to the petitioners, worked out at Rs 11 lakh crore against the State of Rajasthan alone.
The petitioners asserted Punjab’s total rights to all three rivers of the State to utilise and manage the head-works and other projects.