'File an Affidavit Regarding Measures Taken to Prevent Loss of Water': SC to Delhi Govt

The Supreme Court asked the Delhi government to file an affidavit following the measures taken by the government to prevent water loss. A bench comprising justices Prashant Kumar Mishra and P. B. Varale asked the Delhi government to bring on record action taken against water tanker mafias amid the ongoing water crisis in the national capital.

New Delhi:The Supreme Court on Wednesday asked the Delhi government to file an affidavit regarding measures taken by the government to prevent loss of water, which also includes action taken against water tanker mafia.

A bench comprising justices Prashant Kumar Mishra and P. B. Varale asked the Delhi government to bring on record action taken against water tanker mafias amid the ongoing water crisis in the national capital. Justice Mishra said if the Delhi government is not able to take action, then it can ask the Delhi police to take action against the tanker mafia. The apex court said the affidavit may be filed either today or tomorrow before the next hearing on Thursday. Senior advocate A M Singhvi and advocate Shadan Farasat represented the Delhi government before the apex court.

During the hearing, senior advocate Shyam Divan, representing the Haryana government, said the Delhi Jal Board loss of distribution of water is a staggering 52.95 percent. Farasat countered that all state boards are at 50 percent. Singhvi stressed that there has not been any state in the country, which is as obstructive as Haryana in relation with the supply of water.

On June 6, the Supreme Court had said that there should be no politics on water, while directing the Haryana government to facilitate 137 cusecs of surplus water released by Himachal Pradesh for Delhi, to mitigate the water crisis in the national capital.

The apex court was hearing a petition by Delhi government seeking a direction to Haryana to release surplus water provided by Himachal Pradesh to mitigate its ongoing water crisis.

The bench said that the Himachal Pradesh government had submitted before this court that the state has excess water but the letter, submitted in the court, says the excess water was already released, which means it has no excess water.

"The entire basis of the writ petition (filed by Delhi government) that Himachal Pradesh has excess water, which is 137 cusecs. Why was it not known to the meeting of the Upper Yamuna River Board (UYRB) on June 5 pursuant to our order. It was never informed to the board…..why false statements were made in court”, said Justice Mishra, adding that if water is coming from Himachal Pradesh then where it is going in Delhi?

"There is so much pilferage. So much transportation loss….as we know the tanker mafia is working. Have you taken any action…water is consumed by the tanker mafia and you have not taken any action. If you have not taken any action, we will hand it over to Delhi police to take action against the tanker mafia”, Justice Mishra told the Delhi government counsel.

Pulling up the Delhi government, the bench, while pointing out tanker mafia news, said that people are suffering and the same water is coming through tankers and in the pipeline, there is no water.

“What measures have you taken because in the affidavit we have seen that this matter has come up in 2018, 2019, 2021….what measures have you taken if this is a recurring problem every summer? What measures have you taken to control loss of water, which is coming to Delhi (from different barrages). File an affidavit. What measures have you taken from May and June 2023 to April 2024, so that there is no loss….any action, any FIR…”, Justice Mishra asked Delhi government counsel.

Farasat said the DJB also uses tankers to supply water and these are DJB tankers', which were seen on the news channel. He said DJB tankers' supply water to people in the lower economic strata and, regarding action taken, added, "I have a lot of material with me. We will file it".

"There are multiple actions including disconnection of people…sometime pilferages, we have disconnected those….we have stopped spraying of water (to address pollution). Only essential water is being used. Disconnections are being done for anybody who is trying to steal water…we will be happy if police take action," said Farasat.

The bench suggested that there are stringent measures to prevent theft of electricity, and the same kind of measure should be there to prevent loss of water.

The bench asked the Himachal Pradesh advocate general to ensure that the officer, who said that the state has 137 cusecs of excess water, is present before the court tomorrow.

"We were persuaded to pass an interim order based on your statement that you have excess water. Now, you say there is no excess water”, Justice Mishra told the HP's counsel, who replied that the state has excess water.

"Then, you are in contempt if you have excess water and you are not supplying…be ready we will straight away send your officer to jail”, Justice Mishra told HP's counsel.

The bench, citing the letter issued by engineer-in-chief Jal Shakti Vibhag, said on June 6, he is saying that “we have already released (excess water)”. The apex court will continue to hear the matter tomorrow.

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