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The Supreme Court Bench of Justice LN Rao, Justice AS Bopanna & Justice S Ravindra Bhatt has directed the Delhi Jal Board to approach Upper Yamuna River Board with respect to their complaint related to shortage of water. 

“After hearing Mr Farasat & considering the report of the committee, we give liberty to the DJB to approach the Upper Yamuna River Board & make a representation. We direct the Upper Yamuna River Board to hear the petitioner expeditiously.”, Justice LN Rao said while dictating the order 

Sr Advocate Vikas Singh & Adv Shadan Farasat appeared for the Delhi Jal Board & Sr Advocate Shyam Divan for the State of Haryana. 

Adv Shadan Farasat while pointing out the contents of the report submitted that the aspect related to water level being at 470 feet was in his favour.

LN Rao J: We'll suggest you to go to the Yamuna River board

Farasat: I request your lordship to set up a time limit within which Upper Yamuna River Board should cater to the problem & to pass an order directing Haryana to supply the water that they have to.

LN Rao J: If we'll hear the order on merits, then it will not be in your favour Mr Farasat.

Sr Advocate Vikas Singh submitted that the situation today was different as due to CoVID situation, water was required in the hospitals as well as for washing hands. 

“When this 96 order was passed, our population was 1 crore & now the population is 2 crore. What report has not considered is that we have considered a canal.The report is saying that there is no misuse & there is no extra pollution.”, Sr Adv Vikas Singh further submitted

The Bench in the present matter was hearing an application filed by Delhi Jal Board for seeking directions to the States of Punjab & Haryana to immediately cease discharge of untreated pollutants causing rise in ammonia levels into River Yamuna & to ensure enough supply of water from Haryana to the Capital. 

While requesting for urgent hearing, Senior Advocate Vikas Singh representing Delhi Jal Board had submitted that it might have to reduce the supply of water to Delhi hospitals in wake of the acute shortage & lack of supply from the States of Punjab & Haryana.

On April 19, 2021, the Supreme Court bench of Justice LN Rao, Justice AS Bopanna & Justice S Ravindra Bhatt had directed for appointment of a committee to find out as to whether the States of Haryana and Delhi were complying with the recommendations made by the Central Monitoring Committee, headed by Secretary, Ministry of Jal Shakti, Government of India.

 “A committee should be appointed to conduct a local inspection and report to this court within a period of three days related to the quality and quantity of water released from the State of Haryana at Palla; The level of the Wazirabad Pond; and Whether the Delhi Government is diverting its water to the Water Treatment Plants at Okhla, Wazirabad 1,2 & 3 and Chandrawal before the Water reaches Wazirabad pond.”, the order read. 

The Committee would comprise of Secretary, Ministry of Jal Shakti, Government of India as its Chairman;A representative of Delhi Pollution Control Board; A representative of Delhi Jal Board; A representative of Haryana Pollution Control Board;A representative of Haryana Irrigation Department.

In the present matter, the Bench was hearing an Interlocutory Application filed by Delhi Jal Board seeking for an interim direction to ensure supply of enough water by the State of Haryana to the NCT of Delhi to maintain the level of the Wazirabad barrage at 674.50 feet in terms of the order passed by this Court in Delhi Water Supply & Sewage Disposal Undertaking v. State of Haryana (1996) 2 SCC 572 which would reduce the high concentration of ammonia in the water. The Board complained that the water level in Wazirabad barrage was at a level of 673.30 feet instead of 674.50 feet.

The Bench also discontinued WP(C) No 8 of 2021 filed by Delhi Jal Board which sought for direction to the State of Haryana to ensure cessation of discharge of pollutants that increased concentration of Ammonia into the Yamuna river and for a further direction to ensure that the discharge of pollutants that increase concentration of ammonia in the river waters of the Yamuna, or any of the drains/channels feeding into it. 

Case Title: In Re Remediation of Polluted Rivers SMW(C) 01 of 2021 & Delhi Jal Board v. State of Haryana WP(C) 8 of 2021