Gross injustice has been heaped upon Punjab by Venkataramiah commission for co-operating with it. And Haryana has been more than amply rewarded for indecent display of defiance, intransigence and tardiness.

The annoyance, occasionally shown by the commission over Haryana’s delaying tactics, it mow transpires, was just a smokescreen to clothe the findings with the garb of some impartiality. Otherwise, the entire logic and arithmetic used by the commission are arcane.

No wonder, Punjab government has expressed its “deep anguish” over the report and asked the center for its review. Jathedar Jiwan Singh Umrangal has charged the commission with a “communal and unprincipled approach”. Bharatiya Kisan Union has branded it as “conspiracy against Punjab.” Akalis consider it as a dagger thrust in Punjab’s belly. Punjab Pradesh Congress (I) Committee has found certain recommendations “detrimental to Punjab”,

At the outset, the commission itself suggested that Punjab give Haryana 15,000 acres from Rajpura tehsil so that Haryana could build a new Capital as twin city near Chandigarh. Punjab accepted it but Haryana rejected it.

Then the commission identified 31 villages, with 45,000 acres, which could be given to Haryana from districts of Patiala, Sangrur and Bhatinda, Punjab accepted the proposal but Haryana again rejected it.

Till the last day of the commissions first term, Haryana did not proffer any claim. But then, suddenly, it came out with a claim over 483 villages. The commission contends that even in the extended term up to June 10, it had no time to verify whether these villages were Hindi-speaking or not.

Then, with the facility of a magician producing a rabbit out of his hat, the commission recommended that Punjab give Haryana 70,000 acres of land. This figure picked up arbitrarily, does not boast of any supporting logic. Above all, the commission has failed to identify this area. As a consequence, ambiguity remains.

Mr. Justice Venkataramiah has been haunted by the ghost of Mrs. Indira Gandhi and has allowed the shadow of Abohar-Fazilka to fall on his report. He has not looked for areas to be transferred to Haryana in lieu of Chandigarh but set his sights on areas which Punjab should give in lieu of Abohar-Fazilka. This has resulted in a tragic distortion.

He argues that two towns of Abobar and Fazilka and 105 village’s there which Mrs. Gandhi mischievously had awarded to Haryana in 1970 comprised 3.95 lakh acres. The 84 villages, identified by Mathew Commission as Hindi speaking, had an area of 3, 5 lakh acres. The 483 villages claimed by Haryana comprised more than 4.5 lakh acres.

Therefore, “in interests of justice,” Haryana should be given 70,000 acres of Punjab territory.

This figure Mr. Venkataramiah has tried to justify through another queer argument. He says that transfer of 15,000 acres of “government owned and developed land” near Chandigarh would have given Haryana physical control over it. Against this, Haryana will have only “administrative control” over 70,000 acres recommended by him, without rights over much or all of this land. This calculation is beyond a sane man’s conception.

Who told Mr. Venkataramiah those 15,000 acres is government owned and developed?

This area was to be given out of villages in Rajpura tehsil, whose land is owned by inhabitants in very much the same way as the 70,000 acres are property of private persons.

Then how can one differentiate between the two lands?

Actually, as we have argued elsewhere in this issue, Haryana did not deserve any compensation for “loss” of Chandigarh. Even if Haryana had some share in the city, it could not be more than 40 percent in accordance with provisions of Punjab Reorganization Act of 1966. The capital project area has 15,000 acres. Thus, at the most, Haryana’s share was just 6,000 acres. Mr. Venkataramiah has given 12 times more.

Is this Justice?

EXTRACT OF THE JUSTICE VENKATARAMIAH COMMISSION REPORT.

Following is the extract of the Justice Venkataramiah Commission report officially released in New Delhi last week.

The award

Now it is necessary for me to deal with the following questions:

(i) What should be the reasonable extent of land that should be transferred from Punjab to Haryana in lieu of Chandigarh, i.e. in exchange for the rights Haryana had over Chandigarh?

(ii) What is the number of villages that should be transferred? This depends on the answer to the first.

(iii) What is the extent of financial assistance that Haryana should get from the Government of India for building its new Capital?

(iv) What other directions should be issued in the circumstances of the case?

“The total area of 105 villages and two towns in Fazilka and Abohar which the former Prime minster had agreed to transfer to Haryana in lieu of Chandigarh is stated to be 3.59 lakh acres.

Not accepted by Haryana

Even if they are taken to be 83 villages instead of 105 villages as stated in the Mathew Commission report, the extent would be not less than three lakh acres. The total extent of 483 villages now claimed by, Haryana is stated to be about 4.5 lakh acres. The total extent of the 30 villages which the Commission had picked out according to the 1981 census was about 45,000 acres and because the Commission found it inadequate, it had first proposed to give acquired and developed urban land of 15,000 acres so that a capital could be built, That proposal has not been accepted by Haryana.

Extent of area transfer

“Now the first question is that how many acres of land in Punjab areas in Fazilka and Abohar, the extent of which was more than three lakh acres, should be transferred to Haryana, It is said that the land in that area is much more fertile than the land near places like Patiala or Rajpura or in the vicinity of Chandigarh. At this stage it is necessary to understand the concept of such transfer. If such transfer had taken place, Haryana would have acquired the powers under the Constitution to administer that area as part of its territory by exercising powers in respect of subjects en-numbered in List II Hand List III to the Seventh Schedule to the Constitution, The power to govern involves generally the power to collect taxes, the power to acquire private property for public use, and the power to regulate human life (which are called police powers) by passing laws.

If Fazilka and Abohar areas had been allotted in favor of Haryana, it would have exercised these powers over them. Bat it would not have thereby become the owner of the rights of private people in their properties in those areas.

Haryana would have become entitled to exercise these powers over, in all, about three lakh acres of land and the people living there. It is said that the said area is capable of yielding increased taxes as it has vast scope for economic development. We have now to find out what would be the equivalent of this administration power.

Interests of Justice

Having regard to all the features of the case, I feel that even though it may not be possible to grant administrative powers over a territory measuring three lakh acres, in the interests of justice, Haryana should be given administrative power over villages and towns, measuring in ll, at least 70,000 acres, which is about one-fourth of the total area of Fazilka and Abohar. That means as many villages and towns as are necessary to make up 70,000 acres of land should be transferred from Punjab to Haryana in lieu of Chandigarh.

It may be argued that at one stage I had suggested that 15,000 acres of land could be a just equivalent to Chandigarh That has no relevance, in that scheme, the Government of Haryana would have no doubt got not merely administrative control over those 15,000 acres, but also the right over the land which had to be acquired and developed as an urban area and Government building had to be constructed by the Central Government. All the land in that area would have been owned by the State of Haryana and al private rights therein would have become extinguished.

Hence, we cannot equate the right of a State in the property owned by it with the right to administer a village of the same size in which lands are owned by private persons. Hence, we need not confuse one with the other. As observed by me, the State of Haryana should get in lieu of Chandigarh, administrative control over about 70,000 acres of land in Punjab by being transferred to Haryana. This is my answer to the first question.

Hindi speaking villages

The next question relates to the number of Hindi-speaking villages that have to be transferred to Haryana. This depends on the extent of “hadbust” each village. It varies from village to village. Some may be big villages and some may be smaller ones. The total extent of all the villages should, however, be 70,000 acres. In order to identify them, it is necessary that the parties should be given the opportunity to place the necessary material. On the 7th of June, I was asked to summon the census figures of 1961 and decide upon them. Even to do that there was no time.

Opportunity to parties

While my firm finding is that at least an area of 70,000 acres should be transferred from Punjab to Haryana in lieu of Chandigarh, 1 am not now in a position to record a finding on the specific villages that should be transferred. Investigation into this part of the case takes time. Both the parties should be given adequate opportunity to place all the relevant material on the question. Parties seriously dispute the correctness of the census figures. Punjab does not accept the 1961 census figures and Haryana does not accept the 1981 census figures, Anyway, we should give opportunity to prove their cases in accordance with law. This is a time-consuming procedure. It is only to avoid this delay. I had asked the Chief Ministers of both the States to discuss with me on the 9th June 1986, to find out whether there could be any agreement on the villages to be transferred.

Another commission suggested since no agreement was possible, it has become inevitable to recommend to the Government of India to appoint another commission to find out those Hindi-speaking villages whose total area is about 70,000 acres which may be transferred in lieu of Chandigarh. I request that I may not be asked to do this work again on personal grounds. I, however, add that even now it may not be too late for the Government of India and the Governments of Punjab and Haryana to settle this dispute amicably by identifying the villages to be transferred without insisting upon proof regarding the question whether they are Hindi-speaking or Punjabi-speaking villages.

Cost of new capital

On the third question, I have to observe that I have already held that assistance by the Government of India to the extent of 10 crore rupees by way of loan which was fixed in 1970 has become unrealistic and wholly inadequate, In view of the submission made by the learned Solicitor-General of India on the above question, I direct that the Government of India shall bear the cost of acquisition of land and its development, for the capital city of Haryana and also the cost of construction of Government buildings necessary for a capital. The question where the capital should be situated shall be decided with the concurrence of the Government of India. If the total cost exceeds 200 crore rupees, the Government of India may recoup the excess expenditure by sale of sites in the capital project area.

As long as the offices of the Haryana Government continue to function in Chandigarh, it shall be the special responsibility of the Union Government to provide and ensure adequate security for them. The Union Government shall issue appropriate directions in this regard after consulting all concerned.

Article extracted from this publication >> July 4, 1986