Shimla, June 6
The Supreme Court on Thursday acknowledged the urgent water shortage crisis in Delhi and mandated the Himachal Pradesh government to release 137 cusecs of water to address the drinking water needs of the capital, amidst an intense heatwave gripping northern India. A Vacation Bench comprising Justices Prashant Kumar Mishra and KV Viswanathan ordered Himachal Pradesh to release the water the following day, ensuring that Haryana is informed in advance.
Reportedly, the Court’s directive included a clear instruction to Haryana to facilitate the seamless transfer of water to Delhi and to refrain from obstructing its flow. The Bench stated, “Since Himachal has no objection, we direct that it shall transfer 137 cusecs from upstream so water reaches Hathnikund barrage and subsequently Delhi through Wazirabad. Upon Himachal Pradesh’s release of surplus water with prior notification, Haryana shall ensure its unimpeded flow from Hathnikund to Wazirabad, guaranteeing Delhi residents access to drinking water.”
The Upper Yamuna River Board (UYRB) was tasked with measuring the water for its onward journey. “Given the urgency, we direct Himachal Pradesh to release the water tomorrow with prior notice to Haryana, and UYRB shall measure the water for its onward supply. A status report is to be submitted on Monday, and the matter is listed for the same day,” the Court added.
This directive emerged from a petition by the Delhi government, seeking an order for Haryana to facilitate water supply from Himachal Pradesh amid a severe heatwave pushing temperatures beyond 50 degrees Celsius. Earlier in the week, the Bench had instructed the Central government to convene a meeting of all stakeholders involved with the Upper Yamuna River Board to discuss Delhi’s water demands.
Senior Advocate Dr. Abhishek Manu Singhvi, representing the Delhi government, highlighted that Himachal Pradesh had agreed to supply water through its canal network, while Haryana had not yet responded. Singhvi referenced a UYRB report indicating that water from the Beas river could be transported to Delhi via Haryana’s canals, commending Himachal Pradesh for its cooperation.
The counsel for Haryana argued against the feasibility of the proposal, to which Justice Viswanathan responded that the Court’s order was based on the UYRB report, not merely the petition. Despite Haryana’s concerns, which were not elaborated upon, Additional Solicitor General Vikramjit Banerjee, representing the Union Jal Shakti Ministry, stated that Haryana’s contention involved difficulties in measuring and distinguishing the surplus water.
Singhvi countered by noting that water, like money, is fungible, and Advocate Shadan Farasat emphasized that the release would occur upstream at Hathnikund, benefiting Delhi downstream via Wazirabad. The Court reiterated that Haryana must facilitate the water transfer, directing cooperation from all parties involved.
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