H.L.GOKHALE, J.M.PANCHAL
State of Punjab – Appellant
Versus
State of Haryana – Respondent
Certainly. Here are the key points from the provided legal document:
[Order and Court Composition] - The case was heard by the Supreme Court of India with Justices J.M. Panchal and H.L. Gokhale presiding (!) .
[Parties and Nature of Dispute] - The State of Punjab filed Suit No. 1 of 2007 under Article 131 of the Constitution, seeking to restrain the State of Haryana from proceeding with construction activities on a canal and embankment, and to dismantle existing embankments (!) . - The dispute involves inter-state water management, territorial integrity, and construction of flood protection structures [judgement_subject].
[Relief Sought] - Punjab sought a perpetual injunction against Haryana’s construction of a toe wall and concrete lining, claiming it would cause damage to Punjab’s territory and villages, and disrupt water flow (!) (!) . - Haryana defended its right to protect its inhabitants from floods, asserting the work was necessary for flood prevention and structural stability (!) (!) .
[Legal Principles Applied] - Relief of ad interim injunction cannot be granted based on hypotheses or surmises; the balance of convenience and potential irreparable injury to the opposite party are critical considerations (!) (!) . - The Court emphasized that every State has a duty and right to protect its citizens and property within its territory (!) (!) .
[Technical and Topographical Details] - The dispute involves the construction of a concrete toe wall and strengthening of a Bandh (embankment) constructed prior to Haryana’s formation, aimed at flood control (!) (!) (!) . - The work is at or below the natural surface level, designed not to obstruct water flow or drainage, but to prevent seepage and reinforce the embankment (!) (!) (!) .
[Assessment of Risks and Evidence] - The Court found that the apprehensions of flooding caused by the strengthening work were based on hypotheses rather than concrete evidence (!) (!) . - Existing reports indicate that the proposed construction would not cause significant prejudice or obstruct water flow and that strengthening measures are necessary to prevent breaches (!) (!) .
[Balance of Convenience] - The Court determined that the larger damage occurred in Haryana in previous floods, and that failure to repair the Bandh could lead to more severe flooding and damage in Haryana (!) (!) . - The balance of convenience favored Haryana, emphasizing its right and duty to undertake flood protection work within its territory (!) .
[Decision] - The Court rejected the interlocutory application filed by Punjab, concluding that the relief sought was not justified based on the available data and that the potential harm to Haryana outweighed the claims of Punjab (!) .
[General Principles] - The dispute underscores the importance of inter-state cooperation in water management, but also highlights that individual states have a right and duty to undertake protective measures within their own territories (!) . - The Court refrained from deciding on broader issues like reference to inter-state dispute tribunals, focusing solely on the interim relief application (!) .
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ORDER
J.M. Panchal, J. —
The State of Punjab has filed Suit No. 1 of 2007 on July 11, 2007 in this Court under Article 131 of the Constitution read with Order XLVII of the Supreme Court Rules, 1966 and claimed a decree of perpetual injunction restraining the State of Haryana from further proceeding with the digging of channel and construction of an embankment under the project named Hansi Branch - Bhutana Branch Multipurpose Channel project by puncturing the Bhakra Main Line Canal. The said State has also prayed for a decree of mandatory injunction directing the State of Haryana to dismantle the embankment of the project named Hansi Branch - Bhutana Branch Multipurpose Channel Project between the points X and Y in the map appended to the plaint as Annexure ‘A’. The State of Punjab has further prayed for a decree of perpetual injunction restraining the Union of India, its agents or departments from granting any clearance to the project named Hansi Branch - Bhutana Branch Multipurpose Channel Project in the absence of the concurrence of the State of Punjab as contemplated and mandated by Article 13 of the Bhakra Nangal Agreement entered into between the erstwhile State of Punjab and
Shree Samsthana Mahabaleshwara Deva Gokarna VS U. F. M. Ananthraj - 2020 0 Supreme(Kar) 1036: The treatment of this case is unclear. The provided text describes a Supreme Court decision (STATE OF PUNJAB v. ...) and includes argument from the State of Haryana pointing out consequences of granting relief, along with a finding on balance of convenience favoring the defendant State of Haryana. However, there are no keywords or phrases (e.g., "followed," "distinguished," "overruled," "reversed") indicating any subsequent judicial treatment such as being followed, criticized, questioned, overruled, or reversed. The snippet appears to be an excerpt from the case itself or an argument referencing it, rather than a citation showing how it has been treated in later decisions.
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