New Delhi: The Supreme Court Thursday ordered the Himachal Pradesh government to release 137 cusecs of drinking water to meet the rising demands of Delhi in the wake of a heatwave that has gripped the region this summer, causing water scarcity. The direction was given amid stiff opposition from Haryana, which claimed Himachal Pradesh does not have extra water to share.
A bench of justices Prashant Kumar Mishra and K.V. Vishwanathan, however, remained firm. “Himachal has to release the water. If it does not have any problem, why are you objecting to it,” the bench asked the Haryana government’s additional advocate general Lokesh Sinhal, who disputed Delhi’s claim that Himachal Pradesh had surplus water and the same can be shared with the national capital.
Brushing aside Haryana’s objection, the court directed it not to obstruct the onward flow of water to Delhi from Himachal, and instead facilitate the same. Calling it an existential problem, the SC said the water should be released with prior intimation to the Haryana government. Furthermore, the Upper Yamuna River Board (UYRB) — which mediates between the Yamuna riparian states — was told to measure the water for its onward flow.
“Since Himachal has no objection, we direct that it shall transfer 137 cusecs from upstream so water reaches Hathnikund barrage and reaches Delhi through Wazirabad. As and when the surplus water is released by the State of Himachal Pradesh with prior intimation, the State of Haryana shall facilitate the flow of water from Hathnikund to Wazirabad so it reaches Delhi without obstruction so the residents get drinking water,” the court ordered.
Saying it will hear the matter again on 11 June, the bench directed that a status report giving details of the action taken on its order be placed before it on that day.
The court order came on a petition filed by Delhi government seeking immediate release of water to the crisis-hit national capital. This is a temporary arrangement sought by the Delhi government and it has promised not to treat this arrangement as a precedent in the future.
On the directions of the court, the URYB called a meeting Wednesday to hold deliberations with Haryana, Delhi and Himachal Pradesh.
Appearing for Delhi, senior advocate Abhishek Manu Singhvi and advocate Shadan Farasat said the board had concluded that the capital is in need of water and that it should write to Haryana for it. Singhvi informed the bench that on the board’s suggestion, Delhi had written to Haryana, but received no response. Meanwhile, Himachal Pradesh agreed to release the surplus share of water.
To this, Justice Vishwanathan remarked that the water crisis in Delhi was an existential problem and that the court would give directions.
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Haryana’s objection
The suggestion faced vehement opposition from Haryana. Its counsel said the proposal (of Himachal Pradesh releasing water) was not feasible. “There is no way it can be done,” the lawyer submitted.
According to the lawyer, the data given by Himachal Pradesh to the board regarding its unutilised share of water needs to be analysed, which the board members had agreed to discuss in detail after seeking views from other states.
To this, Justice Vishwanathan observed, “This is about right of way. Himachal is giving 150 cusecs you (Haryana) let it pass through. We will tell the chief secretary if needed.”
As the Haryana government counsel continued with his “infeasibility of Himachal having surplus water share” argument, both Singhvi and Farasat termed the stand as “obstructionist”. Both said the water released from Himachal can be measured at the Hathnikund Barrage.
A board official present in court sparked more controversy with his statement that measurement of the released water is not possible.
This prompted the bench to caution the parties against playing politics around its order. It also cautioned Delhi about wastage of water and directed it to adopt the measures suggested by the board to avoid the same.
(Edited by Gitanjali Das)
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