Supreme Court Directs Delhi Govt To Approach Yamuna Board For Water Supply After Himachal’s U-Turn On Surplus Water

The bench said that sharing of Yamuna water between states is a complex and sensitive issue and this court does not have the technical expertise to decide on it even on an interim basis.

Jun 13, 2024 - 15:30

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Supreme Court Directs Delhi Govt To Approach Yamuna Board For Water Supply After Himachal’s U-Turn On Surplus Water

New Delhi: The Supreme Court on Thursday directed the Delhi government to seek water supply from the Upper Yamuna River Board (UYRB) after Haryana government informed the apex court that Himachal Pradesh had not released any excess water intended for Delhi. A vacation bench of Justices Prashant Kumar Mishra and Prasanna B Varale directed the Delhi government to file an application before the UYRB till 5 PM pleading that water supply be provided to the national capital on humanitarian grounds.

The bench said, It is a matter of fact that sharing of Yamuna water between the states is a highly technical and sensitive subject and this court is not adequately equipped to pronounce even an interim order in the matter.

“The issue should be left to be considered by the body constituted with the agreement of parties in the memorandum of understanding dated 1994.

“Since the UYRB has already directed Delhi to submit an application for the supply of water on humanitarian grounds… such an application be made, if not already made, by today by 5 pm, and the board shall convene a meeting tomorrow and take decision in the matter at the earliest,” the bench said.

As the UYRB has already ordered Delhi to file an application for supply of water on humanitarian basis. Such an application, if not filed, be made today by 5 pm, the board shall meet tomorrow and pass decision in the matter as early as possible said the bench.

The court also accused Himachal Pradesh of providing wrong information after the state admitted that it did not have surplus 136 cusecs of water. The Court refused to issue any direction to the State of Haryana.

The top court was hearing a plea filed by the Delhi government seeking a direction to Haryana to release the surplus water provided by Himachal Pradesh to the national capital to mitigate its water crisis.

Earlier this month the top court had directed Himachal Pradesh to release 137 cusecs of excess water to Haryana, with prior notice, to ensure its delivery to Delhi. However, the Haryana government contended that while Himachal Pradesh claimed to have released this amount of unused Yamuna water to the Tajewala (Hathni Kund Barrage), it did so without providing details on their actual water usage in June.

Why is Delhi facing a water crisis?

Haryana had said that Delhi’s current water shortage was primarily due to the city’s mismanagement, highlighting its failure to reduce distribution losses, control water theft (politely termed pilferage), and regulate per capita water usage, which exceeds the national urban average. The affidavit referred to Economic Survey of Delhi 2023-2024 and said, ‘Total distribution losses are approximately 52. 35% which is higher than developing countries 10-20%, there are leakage and thefts in the water supply system including treatment plant, conveyance system, distribution system and much more.