Delhi Water Crisis : Supreme Court Directs Himachal Pradesh Govt To Release Water To Delhi With Intimation To Haryana Govt

In a major relief to the residents of Delhi, the Supreme Court on Thursday (June 6) directed the Himachal Pradesh Government to release water to Delhi after intimating the Haryana Govt.

"Considering the urgency in the matter, we direct the State of Himachal Pradesh to release the surplus drinking water by tomorrow i.e. on 07th June, 2024 with prior intimation to the Haryana Government. The UYRB shall measure the excess water which comes to Hathnikund Barrage (HKB) for its onward supply to Wazirabad and then to Delhi with sincere required assistance by the State of Haryana", 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.

The UYRB report recorded that Haryana is also facing a shortage of water due heat wave situation but the Court noted that there is no material placed before the Court to make out that there is an acute drinking water crisis in Haryana.

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 Court recorded the following suggested measures as recommended by UYRB in the meeting such as:

"a. Separating commercial water supply from domestic water supply and curtailing such use during crisis period in particular industrial and recreational uses.

b. Use of recycled water for secondary uses such as gardening, car washing etc.

c. Improving efficiency in water distribution and uses.

d. Lining of raw water conveyance channels for long distance water transfer including use of closed conduit wherever feasible to bring down conveyance losses. In particular, urgent action is needed for the Delhi Branch/ Delhi Sub Branch which will bring down losses substantially (of the order of 25%)."

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

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