Sharing Yamuna Water Is A Complex & Sensitive Issue: Apex Court Directs Delhi Govt To Approach Upper Yamuna River Board By 5 PM Today
While observing that the issue concerning the sharing of Yamuna water is a complex and sensitive one, the Supreme Court has said it does not have the expertise to deal with it on an interim basis. The Court directed the Delhi government to approach the Upper Yamuna River Board (UYRB) for water supply by 5 pm today, after noting that Himachal Pradesh took a U-turn by saying that it does not have surplus water.
The Court was hearing a petition filed by the Delhi government seeking a direction to Haryana to release the surplus water provided by Himachal Pradesh to the national capital to mitigate its ongoing water crisis. Notably, yesterday, the Court had directed the Delhi government to file an affidavit on the measures taken by it to prevent the loss of water. The Court had also asked what action the government had taken against the "tanker mafia" working in Delhi and warned the GNCTD that it will ask the Delhi Police to intervene.
The Vacation Bench of Justice Prashant Kumar Mishra and Justice Prasanna Bhalachandra Varale directed the Delhi government to submit an application to the UYRB by 5 pm today seeking supply of water to the national capital on humanitarian grounds.
"The issue concerning sharing Yamuna water is a complex and a sensitive issue and this court does not have the expertise. The issue could be considered by the body (UYRB) constituted in agreement of parties in MOU of 1994....Let such application, if not already made by GNCTD, be made by today by 5pm. The UYRB shall convene a meeting tomorrow and all the parties are directed to take decisions in the matter as fast as possible. The UYRB may conduct meetings on a day-to-day basis. Accordingly, the petition is disposed of," the Court ordered.
During the course of the hearing, Advocate General (AG) Anup Kumar Rattan, appearing for the State of Himachal Pradesh, told the Bench that it does not have a surplus 136 cusecs of water and withdrew its earlier statement.
Senior Advocate Abhishek Manu Singhvi, appearing for the Delhi Government, submitted, "The technical proceedings are not a solution in Delhi's imminent water crisis. We have to get a solution, we have been coming every year for help. ....Haryana is just harping on the water loss issue. It is Haryana's digressive tactics."
On the aspect of water wastage and tanker mafias working in Delhi, Singhvi contended, "Daily inspections are taking place; this is the penal action. We have stopped sprinkling water. Any other direction from my Lords, we are happy to implement. Please direct the police to register FIR and take any action against the tanker mafias, we will be happy if an example is set."
Senior Advocate Shyam Divan, appearing for the State of Haryana, submitted that the Upper Yammuna River Board (UYRB) was established because of its technical expertise and that the GNCTD shall approach the board with their grievance.
Divan also referred to the previous year's order of the Apex Court in the matter relating to water crisis in the national capital. He also pointed out the order passed by the Bench on June 6. Divan contended, "This is a categorical order. It leans on the statement of Himachal Pradesh that water is available with it and has already been released. Even Delhi accepts this fact. This matter was listed for compliance; it's a highly technical issue. Let them go to the UYRB."
"I would request the Court to not venture into the issue further," Divan submitted.
Advocate on Record (AoR) Shadan Farasat, also appearing for the Delhi government, contended that the GNCTD has approached the Board after directions from this Court, and the problem is that Haryana is not responding to the application. "The problem with the Board's decision is that now we are left hanging in Haryana's hands. We wrote to them, but they have not replied to us," he argued.
After a lengthy hearing, the Bench deemed it appropriate to dispose of the Writ Petition with directions to the GNCTD to approach the UYRB with its grievance. Accordingly, the Petition was disposed of.
Yesterday, the Court asked the Delhi government to file a report stating the action taken to curb the loss of water. Pertinently, on June 10, the Bench lashed out at the Counsel of the Delhi government for not curing defects in the Writ Petition filed by the Delhi government.
On June 6, taking note of the minutes of the meeting of June 5 held by the Upper Yamuna River Board (UYRB), the Court had directed the State of Himachal Pradesh to supply 137 cusecs of water through Haryana on June 7 to curb the problem of water scarcity in the national capital. The Court had further directed the State of Haryana to facilitate the process. "The State of Haryana is directed to release the water tomorrow. A status report be submitted on Monday (June 10) with compliance report." The Vacation Bench also clarified that there shall be no wastage of water in Delhi. "We are conscious of the fact that there is water scarcity in Delhi, we direct that there shall be no wastage of water," it had said.
Earlier, the Court had noted the agreement among the Counsels representing the Centre, Delhi, Haryana, and Himachal Pradesh regarding the urgency of the situation. All parties acknowledged the need for a collaborative, non-adversarial approach to resolve the water scarcity issue faced by Delhi's citizens. The Vacation Bench had directed an emergent meeting of the Upper Yamuna River Board (UYRB) to be held on June 5 so that the problem of water scarcity in the national capital is properly addressed.
"During the course of hearing, all the parties have agreed that there should be a non-adversial approach to the scarcity of water face be the citizens of Delhi. All the parties (SG Mehta, AAG of State of HP, AAG of Haryana...) agreed that there shall be an emergent meeting of "Upper Yamuna River Board" on June June 2024, to address the issues agitated in the Suit so the problem of scarcity of water for the citizens of Delhi shall be properly addressed," the Bench had said.
"Post the matter for June 6, along with the minutes of the meeting of the board and the suggested steps to be taken by the stakeholders to solve the problem," the Bench had ordered.
Cause Title: Government of NCT of Delhi v. State of Haryana [Diary No. 25504 / 2024]