Construction of the Sutlej-Yamuna Link Canal had not been completed by Punjab as per the decree of the Court dated January 15, 2002. An application was subsequently filed by Haryana for enforcement of the decree. Punjab, meanwhile, filed a suit challenging the decree of the Court. The Court thus had to rule on the following:
1) Haryana’s application for enforcement of the decree dated 15th January, 2002 (Interlocutory Application No. 4 in Original Suit 6/1996).
2) Punjab’s suit inter-alia challenging the decree dated 15th January, 2002 (Original Suit 1/2003)
3) Haryana’s application for rejection of the plaint in Punjab’s suit (Interlocutory Application 1 in Original Suit 1/2003).
The Court held that the decree in 2002 granted a final mandatory injunction. It directed construction of the canal as final adjudication of rights of the parties. Moreover, Punjab’s suit did not fulfil all four conditions subject to which a decree may be modified. The Court thus ordered enforcement of its decree as per Section 51(e) of the Code of Civil Procedure, 1908. Since the period specified in the decree for completion of the canal was long over, the Court directed the Central Government to mobilise a Central Agency to take over control of works from Punjab within a month.