People are suffering, what action have you taken against tanker mafia? SC raps Delhi govt

New Delhi: People in Delhi are suffering due to water scarcity, the Supreme Court observed on Wednesday, slamming the AAP government over water wastage and tanker mafia and sought to know what steps it has taken to ease the recurring problem.

A vacation bench of Justices Prashant Kumar Mishra and Prasanna B Varale told the Delhi government it will ask the city police to take action against the tanker mafia if it can't deal with them. If the same water can be transported using tankers, why can't it be supplied through the pipeline, a disquieted court said.

The apex court said if there can be stringent laws to control theft of electricity, why can't there be laws to check water wastage.

"If water is coming from Himachal Pradesh, where is it going in Delhi? There is so much pilferage, transportation loss, and tanker mafia working. Have you taken any action against these? If you are not taking any action, then we will hand it over to Delhi police. People are suffering. The same water is coming through tankers but there is no water in the pipeline.

"There are visuals on every channel that the tanker mafia is working in Delhi. What measures have you taken in this regard? We can see from the affidavit that these matters have been coming in 2018, 2019, and 2021. Every time this court says we can't do it, let it be done by the Yamuna Water Board (Upper Yamuna River Board-UYRB). What measures have you taken to control water waste coming through the two barrages if this is a recurring problem? Please show us what action or FIR have you lodged against tanker mafias," the bench observed orally.

Advocate Shadan Farasat, appearing for the Delhi government, sought to assuage the court's concern, saying action has been taken to prevent water wastage, including disconnection of supply to places where there is no pressing need for it.

He said water tankers are being provided by the Delhi Jal Board.

"In so far as police is concerned, we will be more than happy to have the police take action in this (to check water mafia)," he said.

Senior advocate Abhishek Singhvi, appearing for the Delhi government, cited an order passed by the UYRB in 2018 under which Delhi must get 1013 cusecs of water.

"However, as against this 1013 cusecs, the actual water received is varying between 800-900 cusecs," Singhvi said.

The UYRB had told the court in an affidavit that Himachal Pradesh has to prove it has been releasing the promised 137 cusecs of surplus water for Delhi.

Senior advocate Shyam Divan, appearing for the Haryana government, claimed incorrect statements are being made. The Yamuna Water Board is the expert body which decides the issue of water distribution and it's now trying to reopen it.

The top court asked the Delhi government to file an affidavit mentioning the steps it has taken to stop unnecessary loss of water. The affidavit may be filed today or tomorrow before the hearing on Thursday, it said.

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 woes.

The acute shortage of drinking water has become an "existential problem" in Delhi, the top court had earlier observed and directed the Himachal Pradesh government to release 137 cusecs of surplus water to the national capital on Friday and Haryana to facilitate its flow.

The apex court had also said there should be no politics over water.

It had noted that the Himachal Pradesh government was willing to release 137 cusecs of surplus water available with it for Delhi. One cusec (cubic foot per second) is equal to 28.317 litres of liquid flow every second.

"Since Himachal Pradesh has no objection and is ready and willing to release the surplus water available with it, we direct that Himachal Pradesh shall release 137 cusecs of surplus water available with it from the upstream so that the water reaches Hathnikund barrage and reaches Delhi through Wazirabad," the bench had said.

Considering the urgency of the matter, the apex court had directed Himachal Pradesh to release the water on June 7 with prior intimation to Haryana. It had said the Upper Yamuna River Board (UYRB) shall measure the excess water which comes to Hathnikund for its onward supply to Wazirabad and Delhi.

While hearing the matter on June 3, the apex court had asked for an emergent meeting of the UYRB on June 5 to address the issue.

The UYRB was set up in 1995 with one of its main functions to regulate the allocation of available flows amongst the beneficiary states and also monitor and review the progress of all projects up to and including the Okhla barrage in Delhi. The beneficiary states include Uttar Pradesh, Haryana, Rajasthan, Himachal Pradesh and the National Capital Territory (NCT) of Delhi.