SC directs Himachal Pradesh to immediately release surplus water to Delhi
SC pointed out that since Himachal Pradesh has shown willingness to share 137 cusecs of surplus water that it has with Delhi, Haryana must provide the “right to passage” at the Wazirabad barrage.
New Delhi: The Supreme Court on Thursday directed the Himachal Pradesh government to release 137 cusecs of surplus water to Delhi by Friday, while also instructing Haryana to facilitate the release through the Wazirabad barrage, ensuring the water reaches the National Capital immediately to mitigate the acute shortage of drinking water.
Even as the top court made a crucial intervention to ease Delhi’s water crisis, it emphatically stated that there must be no politics surrounding the issue of water release, clarifying the directive was issued not because of the Delhi government’s arguments in its petition but due to the pressing issue of the severe water crisis in the national capital.
A vacation bench of justices Prashant Kumar Mishra and KV Viswanathan underscored the gravity of the situation, describing it as an “existential problem” for Delhi, exacerbated by the extreme heat and soaring demands. It pointed out that since Himachal Pradesh has shown willingness to share 137 cusecs of surplus water that it has with Delhi, Haryana must provide the “right to passage” at the Wazirabad barrage.
“We direct that Himachal Pradesh shall release 137 cusecs from the upstream so that the water reaches the Hathnikund barrage from where it can reach the Wazirabad barrage. As and when surplus water is received by Haryana, Haryana shall facilitate the flow of additional water from Hathnikund through Wazirabad uninterruptedly for the citizens of Delhi,” ordered the bench.
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Considering the urgency, the order added, Himachal Pradesh shall release the agreed quantity of water on Friday at the Hathnikund barrage, which will be measured by the Upper Yamuna River Board (UYRB) to ascertain the total surplus water that has to reach Delhi. The top court further asked the Upper Yamuna River Board (UYRB) and the states of Himachal Pradesh and Haryana to submit their compliance affidavits by June 10 when the matter will be heard next.
The Court order noted that the Aam Aadmi Party (AAP) government also take proactive steps to ensure water is not wasted in the national capital and that leakages are detected.
“We are conscious of the fact that there is an acute water shortage and therefore, there should be no wastage of water by the Delhi government,” stated the order, approving of water conservation measures suggested by UYRB in its meeting on June 3 that was attended by the governments of Delhi, Haryana and Himachal Pradesh.
During the proceedings on Thursday, the bench firmly stated that there must not be any politics around the water crisis. “We want no politics on water that Himachal Pradesh is releasing and Haryana is not doing it. There should be no politics on water. We should also clarify that we are not taking cognisance of your government’s (Delhi’s) petition or your arguments; we are going by the findings of the Board,” the bench remarked emphatically, addressing senior counsel Abhishek Manu Singhvi, who represented the AAP government.
To the Haryana government, the bench said that the state should not stand in the way of the agreement between Delhi and Himachal Pradesh when the latter is willing to share its surplus water.
“Let the additional water from Himachal be released. It’s an existential problem for Delhi. The water has to come from Himachal Pradesh, which has said it has surplus water to share with Delhi. They only want a right to passage at the Wazirabad barrage. Haryana should give the right to passage immediately,” observed the bench.
While the senior additional advocate general (AAG) for Haryana, Lokesh Sinhal, contended that there is no method to measure whether Himachal Pradesh has released additional water or not and that Haryana also faces a water crisis, the bench retorted, “There is a serious drinking water crisis in Delhi. The Board has recorded that Haryana also has raised the water crisis, but no finding has been recorded by it. In this scenario, how do we say that surplus water from Himachal Pradesh should not get a right to passage from Haryana?”
Additional solicitor general (ASG) Vikramjeet Banerjee appeared for the Union government in the matter while Himachal Pradesh was represented by its AAG, Vaibhav Srivastava.
In response to the severe water crisis gripping Delhi amid the relentless summer heat, the Court had on June 3 urged the Centre to convene an urgent meeting of UYRB on June 5.
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The records of the meeting were placed before the bench on Thursday, underscoring that although the Board acknowledged the drinking water crisis in the national capital, it asked the Delhi government to write to Haryana for the supply of additional water in view of Haryana’s strong objections to the availability of surplus water with Himachal Pradesh. The Court emphasised the need for collaborative efforts to ensure that Delhi’s citizens receive adequate water supply amid the unrelenting summer heat while disputations over surplus water could wait.
The bench was hearing a petition filed by the Delhi government on May 31, seeking a directive for the state of Haryana to release surplus water provided by Himachal Pradesh through the Wazirabad Barrage. The petition detailed an arrangement with Himachal Pradesh to share surplus water with Delhi, which must pass through the Wazirabad barrage in Haryana since Himachal Pradesh does not share a physical boundary with Delhi.
The Delhi government’s petition, filed on May 31, highlighted the acute heatwave and red alert conditions in Delhi, with temperatures soaring to a record-breaking 52.3 degrees Celsius (in one station). The petition stated: “This unprecedented surge in temperature has led to an extraordinary and excessive demand for water, which is not being met by supply from neighbouring states, precipitating a full-fledged water and sanitation crisis.”
The plea explained that increased demand had critically reduced water levels at the Wazirabad barrage, endangering the health and well-being of Delhi’s 25 million residents.
Despite taking administrative measures to optimise, ration and target water supply, the Delhi government emphasised that the shortage remained acute and requested a one-time surplus water release from Haryana to mitigate the crisis.
The petition clarified that the request for surplus water was not intended to set a precedent for future demands but was a temporary measure to address the current emergency until the monsoon arrives.
Citing a 1996 Supreme Court order, the Delhi government further argued that the current situation warranted urgent intervention to prevent a severe health crisis and uphold the fundamental right to water under Article 21 of the Constitution.
The AAP government also informed the Court of its efforts to combat water wastage and illegal connections through fines and enforcement teams. However, the persistence of the crisis necessitated the Supreme Court’s intervention.
Highlighting that the request was a stop-gap measure to address the crisis until the monsoon normalises the situation, the plea noted the need for state cooperation to ensure citizens’ rights during times of crisis.
