New Delhi: The Supreme Court on Thursday 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.
A bench comprising Justices Prashant Kumar Mishra and K V Viswanathan said, “Period from March to June, 137 cusec surplus water is available with Himachal Pradesh. Since Himachal Pradesh has no objection and is ready and willing to release surplus water available with it, we direct that the Himachal Pradesh shall release 137 cusec of surplus water available with it from the upstream so that the water reaches Hathinkund barrage (in Haryana) and reaches Delhi through Wazirabad."
The bench further said, "As and when surplus water is released with prior information to Haryana by the Himachal Pradesh government, Haryana shall facilitate the surplus water to Hathnikund and to Wazirabad barrage, so that it reaches Delhi uninterruptedly and it is made available for citizen of Delhi for drinking. There should not be any wastage of water by Delhi government”.
The bench stressed that it is aware of the fact that there is an acute water crisis in Delhi and 'there should be no politics on water.' “Considering the urgency in the matter, we direct Himachal Pradesh to release the water tomorrow with prior intimation to the Haryana government”, said the bench, in its order, adding that the Upper Yamuna River Board (UYRB) shall measure the excess water which comes to Hathnikund barrage for its onwards supply to Wazirabad barrage and Delhi.
The bench said that a status report should be submitted before it on Monday and all the parties’ (petitioner Delhi government and respondents’ Haryana and Himachal Pradesh) should file the compliance affidavit by Monday.
During the hearing, the bench queried the Haryana government counsel, since Himachal Pradesh has no objection to supply excess water to Delhi then why is the Haryana government objecting to it?
Senior advocate A M Singhvi, representing the Delhi government, said a meeting was held and Himachal Pradesh had no objection (to release surplus water) and Haryana objects and the board said “you write to Haryana. We wrote to Haryana but we have not received any reply”. The bench observed that Delhi is undergoing a serious water crisis and this is an existential problem.
The bench told the Haryana government counsel, if the water is coming from Himachal Pradesh, then what is the problem and it is only about a right of way. "Just let the water pass through", said the bench. Singhvi pressed that his client is seeking surplus water for one month to mitigate the crisis and the Haryana government's objection is unfortunate.
The Haryana government counsel submitted that there's no way to measure and differentiate the surplus water, and also to determine how much water should be released, and stressed that there is no surplus water available with Himachal Pradesh.
“Please do not stand on this, this is a serious problem. If we do not take cognizance it will not be proper at all. Let Himachal give you 150 cusecs and you give right of passage”, said Justice Viswanathan, adding that the board has identified that Delhi needs water.
Haryana government counsel said that there is water requirement in the state as well. However, Justice Viswanathan said, “there is no recording that the crisis in Haryana is graver than Delhi”.
On June 3, the Supreme Court on Monday said citizens of Delhi should not suffer and problems regarding the water supply amid the heatwave should be addressed, while ordering the Centre to hold a meeting of stakeholders' regarding Delhi government's demand for supply of additional water from Himachal Pradesh through Haryana.
The apex court was hearing a plea by Delhi government seeking a direction to Haryana to release surplus water provided by Himachal Pradesh to the national capital to mitigate its ongoing water crisis.
The Delhi government’s plea contended that the unprecedented surge in temperature has triggered extraordinary and excessive demand for water, which is not being met by supply from neighbouring states, which has precipitated a full-fledged water and sanitation crisis. The petition, filed by water minister Atishi, submitted that the filing of “this petition has been necessitated by an acute heat wave and an issuance of a red alert in the NCT, with temperatures soaring to a record-breaking high of 52.9 degrees Celsius.”
The plea said that the access to water is one of the basic human rights of an individual and it also forms an essential component of the guarantee of dignity and a quality of life guaranteed under Article 21 of the Constitution. “The current water crisis, which may only get worse given peak summers and ongoing water shortage, violates the right to a dignified and quality life of the people of the NCT of Delhi, who are unable to access even adequate clean drinking water,” said the plea.
