13 Jun 2024 12:48 PM GMT
Today (on June 13), the Delhi government, in its status report filed in the water crisis matter, submitted that the “tanker mafia” is operational on the Haryana side of the Yamuna River. The report also stated that the Delhi government lacks jurisdiction to act against the same, and it is for Haryana to explain what steps it was taking to preserve the full supply of water to Delhi between the point of release and the point of receipt.
“As regards to any news reports or references of an alleged 'tanker mafia', such illicit pilferage of water is taking place prior to the water reaching the CLC or DSB. In other words, the tanker mafia is operational on the Haryana side of the Yamuna river and the Petitioner lacks jurisdiction to act against the same. It is for Haryana to explain what steps it is taking to preserve the full supply of water to Delhi between the point of release and the point of receipt,” the Delhi Government said it its report.
To recall, a Vacation Bench of Justices Prashant Kumar Mishra and Prasanna B Varale was hearing the Delhi Government's plea seeking directions to the State of Haryana for immediate release of water to the crisis-hit national capital. The petition underscored the acute shortage of water faced by its citizens amidst the severe heatwave prevailing across the northern states.
Yesterday, the Bench raised serious concerns regarding the loss of water in Delhi due to several factors like the Tanker mafia. While asking the Delhi Government if any action has been taken against the same, it also categorically said that, in case of inaction, the matter will be handed over to the Delhi Police.
“If you are not taking any action then we will hand it over to the Delhi police to take action against the Tanker mafia. People are suffering. The same water is coming through tanker and in the pipeline there is no water. We are seeing visuals in every channel, tanker mafia working in Delhi. What measures have you taken?”
Accordingly, the Court ordered the Delhi Government to file an affidavit against the action taken for the illegal transportation of water and adjourned the matter to today.
During the Courtroom proceedings, Senior Advocate AM Singhvi, who appeared virtually for the GNCTD, submitted that the Haryana and Delhi Police should impose stringent actions against the tanker mafia at their respective borders.
“My lords, I have no doubt, I would say that death penalty should be imposed in such situations…Haryana Police on their border and Delhi Police here should collaborate and give the most stringent punishment penal because most of this, I am instructed, happens at the border where the water is transferred.,” Singhvi added.
Singhvi also stressed that Delhi and Haryana police must take action and make an example out of one or two errant people. “If your lordship makes an example out of one or two people, rest will immediately subside. Whatever you lordship says will be done In terms of the assistance to the police force”, he added.
Referring to yesterday's rebuke, Justice Mishra said, “We say many things just to activate you.” Supplementing this thought, Singhvi said that the Court has activated the petitioner, and now a more comprehensive affidavit has been filed.
“I am very grateful for that. Ultimately, the perspective is that this happens every year. You lordship has to have some semi-permanent solution atleast.”
After perusing the submissions advanced, the Court ultimately disposed of the present petition. It directed the Delhi Government to approach the Upper Yamuna River Board (UYRB), saying that the issue concerning the sharing of the Yamuna water between States is a complex and sensitive issue.
The Division Bench reasoned that it does not have the expertise to deal with the issue of water sharing.
“The issue should be left to be considered by the body constituted with the agreement of parties in MOU dated 1994. Since the Upper Yamuna River Board (UYRB) has already directed Delhi to submit an application for the supply of additional 150 cusecs of water on humanitarian grounds, such an application be made, if not already made, by today by 5 pm, and thereafter the UYRB shall convene a meeting tomorrow and take decision in the matter at the earliest. If need be, the board can convene the basis on day to day basis. The Writ petition is disposed off.,” the Court ordered.
A detailed report of today's hearing can be read here.
Case Title: GOVERNMENT OF NCT OF DELHI Versus STATE OF HARYANA AND ORS., Diary No. 25504-2024