Supreme Court Asks Delhi Jal Board To Approach Upper Yamuna River Board With Complaint Over Water Supply Cut

A three-judge Bench of Justice Nageswara Rao, Justice Bopanna and Justice Ramasubramanian passed the order after considering the report submitted by the Committee appointed by the Court in this regard.

"After hearing Mr Shadan Farasat and considering report of committee & other material on record, we give liberty to petitioner to approach Upper Yamuna River Board and make representations relating to allocation of release of water which isn't sufficient acc to him. The Board shall consider representation to be made expeditiously. We haven't expressed any opinion on merits of matter. " the Bench observed.

The Bench was hearing an application filed by Delhi Jal Board seeking direction to States of Punjab and Haryana to immediately cease the discharge of untreated pollutants causing rise in ammonia levels into the River Yamuna, and to ensure supply of enough water from Haryana to the NCT of Delhi

At the outset, the Bench informed advocate Shadan Farasat that the Court has seen the Committee's report.

"If you want us to an pass order on merits which may not be in your interest, we will hear you, otherwise we'd suggest please go to the upper Yamuna River Board and make your suggestions. If you still insist we will hear you and pass orders." Bench said.

Adv Farasat submitted that the Report has stated that the water level was at 470 ft. Further, from Yamuna river itself only 37 cusecs of water is coming

"If you argue we will deal with it, we aren't saying we wont. But imagine if we pass order approving the report, you will not get anything." Bench said.

The Bench added 'You came to the Court in 2018, there is a monitoring Body, you go there and make your request. You can't keep coming here and telling us there is no water in Delhi. You asked us to appoint a committee, and we did. The ground reality appears to be different "

Farasat stated that the Court may fix a specific timeline in which the Board may decide their grievance, preferably in maximum 10 days as there is a difficulty.

Further, he added that there is a genuine problem of water in Delhi, and he himself hasn't received supply of Delhi Jal Board water. The Court may atleast direct that Haryana should provide whatever maximum that they can provide.

"Whatever they have to they are providing, and are providing more according to the report " the Bench observed.

" It will be detrimental to your interest. If we enter into the merits that'll be final word on this, you will have a problem in pursuing your interest before the Board." The Bench said.

After the Court recorded its order, Senior Advocate Vikas Singh sought to make submissions. He stated that when the 96 order was passed, Delhi had one crore population now its has 2 crore population. Haryana is 3 crore population has 3000 cusecs of water while Delhi is only getting 1100 cusecs of water.

Further Singh added that what the report hasn't considered is that we have created a canal because of which 180 cusecs is being saved and is being used for Bhawana and Dwarka.

"Today we're in Covid situation, the hand washing is taking a lot of water, even hospitals require water. The problem is only in may and june" Singh said.

The Court however asked them to approach the Board and make the request.

The Delhi Jal Board had on Wednesday submitted before the Supreme Court that it might have to reduce the water being supplied to Delhi hospitals in wake of the acute shortage it's facing and lack of supply from States of Punjab and Haryana.

The bench of Justices L Nageswara Rao, AS Bopanna and V Ramasubramanian has been hearing the plea by Delhi seeking appropriate directions to the state of Haryana over discharge of untreated pollutants, in view of the increased concentration of ammonia in the river water of Yamuna.

The Bench had on April 19th appointed a committee to conduct local inspection with regard to the quality and quantity of water released by the state of Haryana at Balla , the level of the Wazirabad bank and whether the Delhi government is diverting the water to the Water Treatment Plants at Wazirabad, Chandrawal and Okhla before the water reaches the Wazirabad bank.

In view of the urgency of the matter, the bench had required the committee to conduct the inspection within three days time and to submit a report to the court. The matter was to be listed on 23rd April.

Delhi Jal Board's application has stated that the NCT of Delhi is potentially facing severe water crisis due to the twin factors of high ammonia levels in the waters of the River Yamuna, and continuously depleting water level at Wazirabad barrage, which supplies drinking water to the Wazirabad and Chandrawal water treatment plants.

According to the petitioner, non- release of sufficient water by the Haryana is in violation of Supreme Court's order in Delhi Water Supply & Sewage Disposal Undertaking & Anr. v. State of Haryana when the Court had directed it to supply as much water as was required to maintain the pond level at Wazirabad Reservoir at full.

The applicant argued that the problem is further compounded by the reduced flow of water in the Delhi Sub-Branch (DSB) and Carrier-Lined Channel (CLC), which hampers the ability of the Delhi Jal Board and the NCT of Delhi to sufficiently dilute the ammonia levels in the waters of the Yamuna to below 0.9 ppm so as to enable their effective treatment by the water treatment plants of the Petitioner.

Delhi Jal Board therefore, through the application sought urgent intervention of the Supreme Court to ensure that the NCT of Delhi has access to enough drinking water to avert a crisis of the most severe nature.