SELECTION FROM OUR RARE COLLECTION.
MUMTAZ ALI PATHAN
AN IMPORTANT LETTER FROM THE GOVERNMENT OF SINDH TO PUNJAB GOVERNMENT REGARDING WATER DISPUTE.
[ On 2nd October 1945,D.R.C. Halford, Secretary to Government of Sindh, Finance Department wrote letter to his counterpart in Punjab regarding financial tears for the settlement of Water Dispute between Sindh & Punjab. I am reproducing here-with contains of letter. This may kindly be kept in mind that Gul Hayat possesses a handsome material on the Water Dispute between both provinces. This material of historical importance has been collected and documented by my father Dr. Dur Muhammad Pathan]
To
The Secretary to the Punjab Government,
Finance Department Lahore
Subject: Sind Punjab water dispute. Financial tears for the settlement
Sir,
1. As you will be aware, the engineer representatives of the two Governments have reached agreement on the distribution of the Indus waters, but have failed to reach even an agreed statement of the differences on the financial issue. I am therefore directed to communicate the following for the consideration of the Punjab Government.
2. This Government had, up to the discussions just completed, never communicated any figure under 5 cores which they were prepared to accept as a lump sum contribution from the Punjab owing to an unfortunate misapprehension arising out of a long distance telephone conversation between B.B. Khosla and Grant, the former had gained the impression, which he submitted to the Punjab Government, that if an offer of 3 corers were to be made, Sind would accept it.
3. Accordingly when the engineer representatives come to Karachi for the recent discussions, they put forward that offer on behalf of the Punjab and it was only then that the misapprehension was made manifest. By this time the Sind Government had authorized the acceptance of an offer of 5 corers but below that figure they neither were nor are prepared to go.
4. The memorandum of discussion agreed on between R. Khosla and Mr. Grant contained a provision that if a lump sum could not be agreed on, although this was the best course, then the question for reference for decision to an independent committee, Khosla had put forward a rider at the discussions for the first time, that if with this contribution the projects later paid more than the productivity test rate, then Sind would have to refund the excess to the Punjab limited (a) the contribution plus smiled interest, and (b) by a period of 30 years after both projects were in operation. This rider was not accepted by Mr. Grant.
5. At the recent discussions this Government on reconsideration, and in order more quickly to reach a decision on this question which has been taking up too much of the time of their engineers for the last to years, were prepared to accept this rider, as the 3 corer offer was unacceptable. However, the Punjab representatives were no longer willing to agree to this clause and the rider as they stood, and a suggestion was made by one of the representatives that it might be possible to obtain the Punjab's assent to decision by the independent committee provided that limits to the liability were laid down, since the Punjab was unwilling to go above 3 corers, and Sind to come below 5, it was suggested by the Punjab representative that these would be appropriate limits beyond which the independent committee would have no power to award.
6. Although this represented a considerable concession on the part of Sind, yet this Government in the same interest of a more speedy settlement, is prepared to consider this suggestion, but is of the opinion that in view of the concession, the repayment rider should be struck out; in other words that the committee should assess the lump sum contribution to be paid.
7. I am accordingly directed to request you to convey to the Punjab Government, entirely without prejudice to any claims which may be made by either side if ultimately the matter has to be settled by His Majesty’s Government, that if the Punjab is willing, in the event of complete failure to arrive at an agreed lump sum contribution, that the matter be referred to an independent committee constituted as explained in clauses III to V of the February memorandum, for an award which shall not exceed nor less than 3 cores, then this Government will accept the proposal.
8. I am further directed to state that as discussions at departmental level to settle the amount of the lump sum contribution have failed , and are more than unlikely to succeed if resumed, this Government would now advocate negotiations at a higher level; these negotiations should be carried out between the honorable ministers in charge of the case on each side assisted by technical and financial advisers with full and final powers to commit their respective Government.
9. In order to enable the Punjab to appreciate the problem before the Sind Government; I am to inform you that a complete statement of the data on which our pro forma accounts rest will be forwarded within a few days to your Government, these statements will be fully authenticated as far as that can be done, with the reasons which have led this Government to rely on them. In this connection I am to add that the figure of 2 Corers suggested by the Indus commission is no longer valid, since in so far as it was based on any data, it rested on a capital construction cost of about 8 cores for each Barrage, where as the most recent detailed estimates for the lower Sind Barrage alone shows definitely that the coast will be of the order of double.
10. With the aid of these statements, the Punjab will be able to form its own opinion on the strength or otherwise of Sind's case I am directed to suggest that after these figures have been examined, the negotiation described in paragraph 8 above should take place, but that these negotiation should aim at completion before 31th October next in any case, that being the date on which the matter is to be referred to the Secretary of State if no decision is reached earlier. I am to say the Honorable Minsister in charge in Sind is willing to place himself at the convenience of the Punjab Government if circumstances render it necessary for the conference to be held at Lahore.
