Delhi Water Crisis: Supreme Court directs HP to release 137 cusecs, Haryana should not obstruct

The Supreme Court on Thursday took note of the urgency with respect to water shortage in Delhi and directed the Himachal Pradesh government to release 137 cusecs of water to meet drinking water demands of the national capital amid the heatwave that has gripped the states in the north Indian plains [Government of NCT of Delhi v. State of Haryana and ors].A Vacation Bench of Justices Prashant Kumar Mishra and KV Viswanathan directed Himachal Pradesh to release the water tomorrow with prior intimation to Haryana government.Pertinently, it also directed that Haryana should not obstruct the onward flow of water to Delhi from Himachal but should instead facilitate the same."Since, the State of Himachal Pradesh has no objection and is ready and willing to release the surplus drinking water available with it, we direct that the State of Himachal Pradesh shall release 137 Cusecs of surplus drinking water available with it from the upstream so that the water reaches Hathnikund Barrage (HKB) and reaches Delhi through Wazirabad. As and when the surplus drinking water is released with prior information/ intimation to the State of Haryana by the State of Himachal Pradesh, the State of Haryana shall facilitate the flow of the surplus drinking water so released ... so that the water reaches Delhi uninterruptedly and is made available to the citizens of Delhi for meeting drinking water requirement", the Court directed.The Court also directed Upper Yamuna River Board (UYRB) to measure the water for its onward flow. "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 Court said..The matter will be taken up next on Monday, June 10..The apex court was hearing the Delhi government's petition seeking directions to the State of Haryana to facilitate supply of water to the national capital from Himachal Pradesh.The Delhi government in its plea asked for additional water during the ongoing heatwave as a stop-gap emergency measure. The national capital is currently battling a heatwave with temperatures exceeding 50 degrees Celsius.The Bench had on Monday ordered the Central government to hold a meeting of all stakeholders, who form part of Upper Yamuna River Board, to address the Delhi government's demands in this regard. The counsel for Himachal Pradesh had earlier submitted that the State was ready to provide water to Delhi through its canal network..Senior Advocate Dr Abhishek Manu Singhvi, appearing for Delhi government, informed the Court on Thursday that Himachal Pradesh government had no objection but that there was no response from Haryana government.Based on a UYRB report, he said that water from Beas river can be sent to Delhi through canals in Haryana. "Himachal is showing grace and humility," he added..The counsel for Haryana, however, said that the proposal was not feasible.Justice Viswanathan pointed out that the recommendation to release water was UYRB's and stated that the Court was passing orders on the report, and not the petition. The Haryana government did not convey what its objection was. Additional Solicitor General (ASG) Vikramjit Banerjee, appearing for the Union Jal Shakti Ministry, then said,"There is no way to measure and differentiate the surplus water is their (Haryana's) contention" Singhvi pointed out that water, like money, is fungible. Advocate Shadan Farasat (also for the Delhi government) further pointed out that the release will happen from Hathnikund which is upstream from both States and Delhi will receive it downstream via Wazirabad..Thereafter, counsel for Haryana sought to dispute the date given to UYRB. The Court, however, pointed out that the source of the data was Ministry of Jal Shakti.It said that Haryana had to give passage for the water, and accordingly, directed release of water from Himachal Pradesh and sought cooperation from Haryana..Too hot to handle? Delhi consumer forum adjourns case on account of summer heat.Senior Additional Advocate General Lokesh Sinhal with Advocates Aditya Sharma and Nikunj Gupta appeared for the State of Haryana. Advocate N Visakakurthy also represented the Union Ministry.Addtional Advocate General Vaibhav Srivastava with Advocates Vineeta Tiwari and Rajnandani Kumari appeared for the Himachal Pradesh government..[Read order]