6 Jun 2024 6:56 AM GMT
In a major relief to the residents of Delhi, the Supreme Court on Thursday (June 6) directed the Haryana Government to facilitate the uninterrupted flow of surplus water released by the Himachal Pradesh Government for Delhi to resolve the water crisis being faced by residents of Delhi.
"Considering the urgency, we direct Himachal Pradesh to release the water tomorrow with prior intimation to Haryana and the Upper Yamuna River Road shall measure the water for onward supply. Status report be submitted on Monday, list on Monday.", the bench comprising Justices PK Mishra and KV Viswanathan said.
The court directed the Himachal Pradesh Government to transfer 137 cusecs of water from upstream so that the water reaches the Hathnikund barrage in Haryana, whereby the Haryana would facilitate the transfer of water to Delhi through Wazirabad barrage in Delhi.
Briefly put, the Court was dealing with a writ petition filed by the Delhi government seeking directions to the State of Haryana for immediate release of water to the crisis-hit national capital. It stated that the capital is facing an acute shortage of water due to the severe heatwave conditions prevailing in north India.
On the last date of the hearing, after recording the joint statement made by the parties, the Court asked the Upper Yamuna River Board (UYRB) to call for an emergent meeting of all stakeholder states on June 5 and submit the Minutes of the Meeting as well as the suggested steps by June 6 i.e., today.
In the plea, it is stated that Delhi, a lower riparian Union Territory, is seeking additional water supply through the instant plea only because of the emergent situation created by the dry, arid summer this year. The petition alleges that the Delhi government has requested the State of Haryana to release the water, but the latter has not acceded to it yet. Accordingly, directions are sought so that the State of Haryana offers its cooperation and releases water to Delhi, including the additional/surplus water agreed to be released by Himachal Pradesh.
Today at the outset, the court asked the counsel for Haryana that if the water is coming from Himachal, then why does Haryana have an objection to releasing the water towards Delhi.
"it is about a right of way (of water). Himachal is giving 150 cusecs you (Haryana) let it pass through. We will tell the Chief Secretary if needed.", the court says.
Senior Advocate Dr. Abhishek Manu Singhvi representing the Delhi Government suggested that the water from Beas (river) can be sent through the Haryana canals to Delhi. However, Haryana's Counsel protested such a proposal terming it as infeasible.
Adv. Shadan Farasat also representing the Delhi Government called Haryana's attitude as obstructionist by not letting the water pass released from Himachal to Delhi.
In response to the Court's query regarding the release of extra water, the Counsel for Harayana contended that there's no way to measure and differentiate the surplus water to determine how much water to be released to Delhi.
Adv. Farasat explained how the release of water to Delhi would happen. He stated that the release of water would happen from Hathnikund Barrage in Haryana which is upstream from both States and Delhi will receive it downstream via Wazirabad (situated in Delhi).
After recording submissions advanced by parties, the Court observed that the Stakeholders present in the meeting held on June 5 didn't contradict that there is an extreme heat situation in Delhi. However, Haryana is also facing the same situation but there's no acute water shortage in Haryana.
"Since Himachal has no objection, we direct that it shall transfer 137 cusecs from upstream so water reaches Hathnikund barrage and reaches Delhi through Wazirabad. As and when the surplus water is released by the State of Himachal Pradesh with prior intimation, the State of Haryana shall facilitate the flow of water from Hathnikund to Wazirabad so it reaches Delhi without obstruction so the residents get drinking water.", the court said.
The court also cautioned about the wastage of water during the times when Delhi is facing an acute water shortage.
"We are conscious of the fact that due to the acute water shortage, there should be no wastage of water by the Delhi government for which it should adopt the measures suggested by the Board.", the court said.
The matter is next listed on Monday (June 10) with a direction to Himachal Pradesh to release the water tomorrow with prior intimation to Haryana and UYRB, which shall measure the water for onward supply to Delhi. The status report is to be submitted on Monday.
Case Title: GOVERNMENT OF NCT OF DELHI Versus STATE OF HARYANA AND ORS., Diary No. 25504-2024