A vacation bench comprising Justice Prashant Kumar Mishra and Justice Prasanna B Varale highlighted that affidavits were not being accepted in the registry due to the petition’s defects.
“Why have you not cured the defect? We will dismiss the petition. On the last date also this was pointed out and you did not remove the defect. Don’t take the court proceedings for granted, however important your case may be,” the bench remarked.
The judges emphasized that court processes should not be taken lightly, warning that they might dismiss the plea if issues persist.
“Never take us for granted. Filings are not being accepted. You straightaway hand over a series of documents in court and then you say you are suffering a deficit of water and pass an order today itself. You are raising all grounds of urgency and sitting leisurely. Let everything come on record. We will take it the day after tomorrow,” the bench stated, adjourning the matter to June 12.
The Supreme Court expressed its desire to review all files before the case hearing, particularly since many updates are appearing in the news.
“If we don’t read the files at our residential office we will be impressed by whatever the newspapers are reporting. That is not good for any of the parties,” stated the bench.
At the beginning of the hearing, senior advocate Shyam Divan, representing Haryana, submitted the state’s reply. The court questioned the timing of the submission.
Divan explained that due to the unresolved defects in Delhi’s plea, pre-filing of the reply was not accepted by the registry.
This prompted the top court to rebuke the Delhi government once more. In defense, the counsel for Delhi asserted that the defects had been removed.
Previously, the apex court acknowledged that the severe drinking water shortage in Delhi is an “existential problem.” The court had instructed the Himachal Pradesh government to release 137 cusecs of surplus water to Delhi, with Haryana facilitating the flow.
The Supreme Court stressed the need to avoid politicizing water issues. It noted that Himachal Pradesh was ready to supply the surplus water.
“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 previously stated.
Given the urgency, the court directed Himachal Pradesh to release the water starting June 7, with prior notification to Haryana. The Upper Yamuna River Board (UYRB) was tasked with measuring the water flow to Hathnikund for its subsequent delivery to Wazirabad and Delhi.
During a June 3 hearing, the apex court called for an urgent UYRB meeting on June 5 to address the matter. The UYRB, established in 1995, plays a key role in regulating water allocation among beneficiary states and monitoring related projects, including the Okhla barrage in Delhi. The main beneficiary states are Uttar Pradesh, Haryana, Rajasthan, Himachal Pradesh, and the National Capital Territory of Delhi.