Supreme Court Disposes of Petition, Directs Upper Yamuna River Board (UYRB) to Address the Issue.

Vacation Bench of the Supreme Court of India, on June 13, 2024, disposed of a writ petition (No. 363/2024) filed by the Government of NCT of Delhi against the states of Haryana and Himachal Pradesh concerning the release of surplus water from the Hathni Kund Barrage for Delhi's use. The court's decision came after a series of hearings and deliberations on the issue.

During the initial hearing on June 3, 2024, all parties acknowledged the need for a non-adversarial approach to address the water scarcity issue faced by Delhi's residents. This led the court to order an urgent meeting of the Upper Yamuna River Board (UYRB) on June 5, 2024, to find solutions to the crisis. Following the UYRB meeting, the court, on June 6, 2024, directed the state of Himachal Pradesh to release 137 cusecs of surplus water to the Hathni Kund Barrage, based on the statement by Himachal Pradesh's Additional Advocate General. This water was to be supplied to Delhi via Wazirabad with the assistance of the state of Haryana. The directive was based on a chart presented by Himachal Pradesh indicating the availability of surplus water. However, communication from the Jal Shakti Vibhag of Himachal Pradesh to the Haryana Irrigation Department on the same day contradicted the earlier statement, claiming that 137 cusecs of unutilized Yamuna water was already flowing uninterruptedly from Himachal Pradesh to the Hathni Kund Barrage.

On June 13, 2024, during the final hearing, the Advocate General for Himachal Pradesh, admitted that the earlier statement regarding the availability of surplus water was inaccurate and sought permission to withdraw the statement. The Advocate General acknowledged that Himachal Pradesh did not have an additional 137 cusecs of water available.

Following this revelation, the Supreme Court, recognizing the complexity of the issue and the lack of expertise in water-sharing agreements, decided to dispose of the writ petition. The court, citing previous cases involving similar interstate water disputes, emphasized the need for specialized bodies like the UYRB to handle such matters. In light of the UYRB's earlier recommendation that Delhi submit a formal request for additional water on humanitarian grounds, the court directed the Delhi government to submit the application by 5 p.m. that day. The court further ordered the UYRB to convene a meeting on June 14, 2024, to expedite a decision regarding Delhi's water requirements.

Writ Petition(s)(Civil) No(s). 363/2024.
Coram: HON'BLE MR. JUSTICE PRASHANT KUMAR MISHRA & HON'BLE MR. JUSTICE PRASANNA BHALACHANDRA VARALE (VACATION BENCH)
Between: GOVERNMENT OF NCT OF DELHI VERSUS STATE OF HARYANA & ORS.
Date: 13-06-2024