Introduction

In a significant relief to Delhi residents facing an acute water shortage, the Supreme Court of India intervened to ensure the uninterrupted flow of surplus water from Himachal Pradesh to Delhi. The apex court’s directive was aimed at alleviating the water crisis in the national capital exacerbated by the severe heatwave conditions in North India. The case, titled “Government of NCT of Delhi versus State of Haryana and Ors.,” was heard by a bench comprising Justices PK Mishra and KV Viswanathan.

Arguments Presented:

The Delhi government, represented by Senior Advocate Dr. Abhishek Manu Singhvi and Advocate Shadan Farasat, filed a writ petition seeking immediate directions for the release of water from Haryana. The petition emphasized the dire need for additional water supply due to the extreme summer conditions. Delhi, being a lower riparian state, relied heavily on water released from upstream states, including Haryana and Himachal Pradesh. The Delhi government alleged that despite repeated requests, Haryana had not cooperated in facilitating the release of water, which was critical for addressing the water scarcity in the capital.

Haryana’s counsel contended that facilitating the release of additional water was complex and posed several challenges. The state argued that there was no mechanism to accurately measure and differentiate the surplus water being released by Himachal Pradesh. Moreover, Haryana highlighted that it too was facing extreme heat conditions, although not experiencing an acute water shortage. The state’s counsel opposed the suggestion of routing water from the Beas River through Haryana’s canals, terming it infeasible.

Court’s Observations and Judgement:

After hearing arguments from both sides, the Supreme Court directed Himachal Pradesh to release 137 cusecs of water upstream, ensuring it reached the Hathnikund barrage in Haryana. The court mandated Haryana to facilitate the unimpeded flow of this water to Delhi through the Wazirabad barrage. The court emphasized the urgency of the situation and the need for cooperation between states to resolve the crisis.

The bench noted that stakeholders, during the emergent meeting called by the Upper Yamuna River Board (UYRB) on June 5, acknowledged the severe heat conditions in Delhi. The court pointed out that while Haryana was also experiencing high temperatures, it did not face an acute water shortage like Delhi.

The Supreme Court underscored the importance of preventing water wastage in Delhi, urging the Delhi government to adopt measures suggested by the UYRB to ensure efficient use of the available water. The court instructed Himachal Pradesh to provide prior intimation to Haryana before releasing the surplus water and directed the UYRB to measure the water flow for onward supply to Delhi.

The matter was scheduled for further hearing on Monday, June 10, with a status report to be submitted by the concerned parties.