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The Supreme Court today dismissed the contempt plea filed by Delhi Jal Board seeking initiation of contempt proceedings against Shri Vijai Vardhan, Chief Secretary, Haryana and Shri Devender Singh, Additional Chief Secretary, Irrigation and Water Resources Department, Haryana for wilful disobedience of order dated February 29, 1996.

The three judge bench of Justices L Nageswara Rao, AS Bopanna and V Ramasubramanian has asked the Delhi Jal Board to hold consultation and negotiate with the Haryana Government.

Senior Advocate Vikas Singh appearing for Delhi Government argued that Haryana was not supplying the required quantity of water as per the Court's order which required supply of water to keep the Wazirabad pond full which was sufficient to initiate contempt proceedings against it.

Senior Advocate Shyam Divan appearing for Haryana Government however said that there was no substance in the petition and urged the Court to dismiss the petition and refrain the Delhi Government from "filing petitions after petitions"

Divan further argued that as per the Courts order the minimum requirement of the State was being supplied. Moreover the order passed by the Court was based on the fact that the River Yamuna worked as a channel that has now changed.

Further in 1996, the basic water plant was at Wazirabad pond, now there is new technology after construction of water infrastructures by Delhi.

Divan finally submitted that Delhi has control over the local infrastructure and they can keep the Wazirabad pond full if they want to.

The Court on February 29, 1996 had directed the State of Haryana to keep the water level at Wazirabad reservoir full to its capacity for meeting the drinking water needs of the NCT of Delhi. 

The petitioners had submitted that “Due to non-supply of adequate water by the State of Haryana, the water level in the Wazirabad reservoir stands at only 667.60 feet as against the mandated level of 674.50 feet, as on 10.07.2021. This means that the Wazirabad reservoir is only 31% full. This has the possibility of triggering a severe water crisis in the NCT of Delhi."

The plea further stated that Delhi Jal Board has already curtailed water for several areas in the NCT of Delhi including President’s Estate, Parliament House and other institutional and diplomatic buildings, as well as many residential areas.

Case Title: Delhi Jal Board vs Vijai Vardhan and Anr