The Hindu : Haryana objects to release of drinking water

Online edition of India's National Newspaper
Wednesday, Feb 25, 2004

New Delhi

New Delhi

Haryana objects to release of drinking water

By Our Legal Correspondent

NEW DELHI, FEB. 24. The Haryana Government today questioned the maintainability of a writ petition pending since 1992 in the Supreme Court seeking a direction to ensure a minimum flow of 352 cusecs of water in the 22-km long stretch of the Yamuna in Delhi in order to keep the river clean.

The Haryana Government raised the objection in an application, which came up for hearing before a Bench of Justice S. Rajendra Babu and Justice G.P. Mathur. The petitioner, Commander Sureshwar D. Sinha, had also sought regular supply of 125 cusecs of clean raw water to the Nangloi water treatment plant in the Capital.

On this petition, the Court two years ago had directed release of 125 cusecs of water from the Bhakra-Beas system and directed the Haryana Government to allow use of its canal system to carry this water to Delhi. The Court had also directed Haryana to maintain a minimum flow of water on the Yamuna river but these directions were not complied with.

The Haryana Government had objected to the order saying its canal system was not strong enough to carry additional water and that the water was being given from its share. It was submitted that the writ petition should be dismissed on the ground that Article 262 of the Constitution barred the jurisdiction of all courts to adjudicate on inter-State water disputes.

The Bench observed that raising of such an objection at such a belated stage with regard to drinking water was "inhuman" but directed that the petition be tagged with the Sutlej-Yamuna link canal matter pending before another Bench of the Court.

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