Justices Prashant Kumar Mishra and Prasanna B Varale, sitting as a vacation bench, instructed Delhi to submit an application to UYRB by 5 pm, appealing for water supply on humanitarian grounds.
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NEW DELHI: Today (June 13): The Supreme Court directed the Delhi government to approach the Upper Yamuna River Board (UYRB) for water supply, following Himachal Pradesh’s declaration that it lacked surplus water to share.
Justices Prashant Kumar Mishra and Prasanna B Varale, sitting as a vacation bench, instructed Delhi to submit an application to UYRB by 5 pm, appealing for water supply on humanitarian grounds.
Himachal Pradesh reversed its earlier statement, informing the court that it could not spare 136 cusecs of water.
Recognizing the complexity of Yamuna water distribution among states, the bench emphasized that the court lacked the technical expertise to decide on the matter even temporarily.
The bench acknowledged that the allocation of Yamuna water among states is a complex and sensitive matter, stating that the court lacks the technical expertise to make decisions, even on a temporary basis.
“The issue should be left for consideration by the body established under the agreement of parties in the 1994 memorandum of understanding.
“Since the Upper Yamuna River Board (UYRB) has already instructed Delhi to submit an application for water supply based on humanitarian grounds… such an application should be submitted, if not already done, by today at 5 pm. The board will convene a meeting tomorrow and decide on the matter as soon as possible,” the bench emphasized.
The Court decided to delegate the matter to the Upper Yamuna River Board to consider whether Delhi could receive additional water supply as relief.
“The Court finds that the issue of water sharing among States bound by agreements is intricate and delicate, beyond its technical expertise to formulate. The Upper Yamuna River Board has already urged the petitioner to submit an application seeking an additional 152 cusecs of water on humanitarian grounds. If such an application has not already been submitted, it must be filed by tomorrow. This writ petition is hereby disposed of. The Board is instructed to decide on the application promptly and to hold daily meetings if necessary,” stated the Court.
On June 6, the Court recognized the urgency of the matter and instructed the Himachal Pradesh government to release 137 cusecs of water. Additionally, it directed Haryana to facilitate this release as the water passes through its canals en route to Delhi.
Yesterday, the Court had required the Delhi government to submit a report detailing measures taken to prevent water loss, specifically addressing concerns about the activities of “water tanker mafias” diverting water intended for Delhi.
Senior Advocate AM Singhvi, representing Delhi today, assured the Court that robust measures were being implemented to combat the tanker mafia. He informed the Court that a comprehensive affidavit had been filed outlining these measures.
The court questioned why water, which is currently transported via tankers, cannot be supplied through pipelines instead, expressing unease.
The Supreme Court slammed the Delhi Government for its failure to control the tanker mafia, indicating it might instruct the police to intervene. It demanded details on measures taken to curb water wastage from the barrages and requested evidence of any actions or FIRs lodged against the tanker mafia.
Haryana ASG to SC during the hearing today
we don’t have water, our offices are locked by public because of lack of water
SC Justice Mishra noted
If there is no water from where we (SC) can produce water and give to delhi.
In response to the Bench’s previous critical comments, Justice Mishra today clarified that such remarks were intended to spur action. He noted,
“We sometimes make strong comments just to motivate you.”
The Bench suggested that Delhi’s appropriate course of action might be to pursue its requests directly with the Yamuna River Board for additional water release.
Justice Mishra questioned whether Delhi had approached the Board after the Court’s directive to release 137 cusecs of water, suggesting that the solution might not always lie with court orders alone.
Senior Advocate Shyam Divan, representing Haryana, supported the Court’s viewpoint, emphasizing that technical matters related to water allocation are best addressed by the Board.
However, Advocate Shadan Farasat, appearing for Delhi, pointed out that the Board had previously deferred the matter to Haryana, leaving Delhi in a challenging position.
Ultimately, the Court decided to dispose of the case by directing the Yamuna River Board to promptly decide on Delhi’s request for additional water supply.
Advocate General Anup Kumar Rattan represented the State of Himachal Pradesh in these proceedings.
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