SC tells Himachal to release surplus water today, Delhi to not waste a drop; directs Haryana to facilitate smooth flow

Referring to the court’s June 3 direction for the Upper Yamuna River Board (UYRB) to discuss the issue, the bench noted: “In compliance with the order, UYRB convened its meeting on June 5 and discussed the water crisis faced by Delhi. Two pertinent issues discussed in the meeting were the matter related to actualisation of MoU between Delhi and Himachal Pradesh, and secondly, additional water required by Delhi and the way forward.”

The court added that “the discussion would clearly reveal that the members/ stakeholders participating in the meeting have not contradicted or disputed that there are extraordinary heatwave conditions in Delhi, which is facing acute shortage of drinking water. Although it records that Haryana is also facing similar heatwave conditions, there is no evidence before us that there is an acute drinking water crisis in Haryana”.

“…since there is an acute water crisis in Delhi, there should be no wastage of water by the Delhi government,” the court said, adding that the measures suggested by the Board be followed, adding that “considering urgency in the matter, we direct Himachal Pradesh to release the water tomorrow (Friday),” the bench said, while asking the Board to measure the excess water that comes to Hathnikund for its onward supply to Wazirabad and Delhi.

It further said: “The Board eventually recommended that to meet the drinking water requirements this summer, before the onset of monsoon or June 30, whichever is earlier, the Delhi government may send a formal request to the Haryana government for consideration to release 150 cusecs of additional water on humanitarian ground… Thus, it can be culled out that the board itself was of the view that Delhi needs 150 cusecs of additional water tentatively to meet out the heatwave conditions.”

The court then referred to a chart submitted by Himachal Pradesh’s additional advocate-general, and said that as per the document: “Between the period from March to June, 137 cusecs of water is available with Himachal Pradesh”.

After giving the directions to Himachal Pradesh, the court said: “As and when the surplus water is released with prior information to Haryana, by the state of Himachal Pradesh, Haryana shall facilitate its flow to Hathnikund to Wazirabad so that it reaches Delhi uninterruptedly and is made available for the residents of the Capital for drinking purposes.”

The court then directed that a report on the matter be submitted before it on June 10.

During the hearing, Justice Mishra asked the Haryana counsel: “What is your objection if we direct release of excess water available with Himachal Pradesh for the benefit of Delhi?” The Haryana government counsel questioned: “Who will determine that it is excess water,” adding that there is no system in place to measure its excess water.

Senior Advocate A M Singhvi appearing for the Delhi government, meanwhile, termed the argument “very unfortunate” and said that “it shows Haryana’s complete obstruction”. “It is only for a month… We want water for a month for an ad-hoc emergent. I’m not holding it against Haryana that forever — despite their agricultural requirement in July, August and September — they will supply… It’s a pass through. Himachal is the one supplying”, said Singhvi.

Justice Viswanathan then said the Board had found that there was a need for more drinking water for Delhi.

The AAP-led government in Delhi had earlier approached the Supreme Court, stating that the current record-high temperatures and heatwave in the city — with the maximum temperatures rising to around 50 degrees Celsius at some places — had caused an excessive surge in water demand, further leading to an extraordinary shortage in the National Capital Territory (NCT). In many parts of the city, there have also been frequent water supply cuts, distressing the residents further. The Delhi government has also claimed that though it had taken all administrative measures to ensure optimised, rationed and targeted water supply across the city, the shortage remained acute.