Delhi Water Crisis: SC Raps Himachal Over 'False Claims', Recalls June 6 Order, Asks River Board To Decide Issue Urgently

Supreme Court after going through submissions of Haryana, Himachal and Delhi governments recalled its June 6 order directing release of surplus water from Himachal to Delhi via Haryana.

Supreme Court said that issue concerning the sharing of Yamuna water between states is a complex issue and the court does not have expertise to deal with it. ( Image Source :PTI )

The Supreme Court on Thursday rapped the Himachal Pradesh government for making misleading and 'incorrect' statements in court that it has surplus water of 137 cusec that it can release to Delhi government to deal with the water crisis if Haryana government allows passage. The Delhi government led by AAP had approached the top court seeking direction to BJP led Haryana government to release 150 cusec of surplus water from Haryana. The top court on June 6 had directed Haryana to release the surplus water coming from Delhi. The top court after going through submissions of Haryana, Himachal and Delhi governments recalled its June 6 order directing release of surplus water from Himachal to Delhi via Haryana.

This development came after the Haryana government informed the top court that when it asked the Himachal government about the excess water, the Himachal's Jal Shakti department replied that the unutilised 137 cusec water is already running uninterrupted through Hathnikund barrage.

When Himachal's counsel was confronted on the same, he told the top court that the earlier statement made about surplus water was not correct and he withdrew the statement on which the top court had passed order. The top court wrapped the Himachal government and said that it is not initiating contempt as the crisis in Delhi is more important to deal with. 

However ASG representing Himachal said that their intention was to not mislead the court, they meant that the un-utilised water is already running to Hathnikund barrage to Haryana and Haryana can release that water to Delhi. 

In view of Himachal's statements, the top court recalled its June 6 order and said that "order directing release of excess water does not survive and we have reached square 1 on the date of filing of writ petition by Delhi."

SC Says It Does Not Have Expertise To Deal With Water Sharing Issue, Asks Yamuna River Board To Decide

After hearing submissions from Delhi, Himachal and Haryana, the top court said that they are of the view that the issue concerning the sharing of Yamuna water between states is a complex and sensitive issue and the court does not have expertise to deal with it.

"The issue will be left to be considered by the Upper Yamuna River Board (UYRB)."

The court noted that UYRB has already directed Delhi to make an application for extra 150 cusec of water on humanitarian grounds,  and Delhi government has written to Haryana. The court directed UYRB to convene a meeting tomorrow and Delhi to send a reminder to letter sent for request of water. The top court also directed UYRB to solve the issue at the earliest and conduct meetings on a day to day basis.

Haryana Refutes Delhi's Claims Of Low Levels Of Water At Wazirabad Barrage

Counsel for Haryana, Shyam Diwan told the court today that water level at Wazirabad is not relevant point of measurement at all because of infrastructural changes and creation of three additional water treatment plants at Bawana, Dwarka and Okhla.

"The DJB is drawing water before the water even reaches the Wazirabad plant from these three treatment plants. Diwan further said that Haryana is releasing 1050 cusecs of water at Munac in terms of MoU of 1994. And Munac is the correct place to measure the water supplied. He further told the court that Haryana does not have excess or surplus water."

Delhi has been accusing Haryana of obstructing water to Delhi and told the court that optimum level of water was not maintained at Wazirabad barrage.

The court took all these submissions on record and noted that this has been a recurrent matter and had come before the top court in 2018 and 2021 as well. In 2018, the Delhi government withdrew the petition with liberty to take substantive steps in accordance with law. A similar prayer was made in an IA filed in 2021.

The court after taking in submissions by all parties said that all of them have agreed that this court cannot determine the process of measurement of water even for emergent basis and directed the Upper Yamuna River Board to decide it.