The Supreme Court on Wednesday came down heavily on the Delhi Government over the prevalence of tanker mafia and water wastage in the city, and questioned what measures it has taken against them as people in the national Capital undergo a crippling water crisis amid a heatwave. Observing that false statements had been made before it, 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 it cannot be supplied through the pipeline, the bench said.
The bench 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 have you taken or FIR have you lodged against tanker mafias?” the bench observed orally.
The SC 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.
In an affidavit filed before the apex court, the UYRB referred to a letter sent to Haryana by Himachal Pradesh in which the hill State has said its share of unutilised water was already flowing uninterruptedly to the Hathnikund barrage and that Haryana should release it to Delhi. “As per above letter, the 137 cusec of unutilised water is already flowing un-interruptedly from the territory of HP to Tajewala (in Haryana). It therefore emerges that Himachal Pradesh is not releasing any additional water subsequent to the order of the Supreme Court dated 06.06.2024 which could be measured by the UYRB.
“Himachal Pradesh does not have any storage from where it can release the additional water amounting to 137 cusec in pursuance to Supreme Court order and therefore excess water released by Himachal Pradesh for Delhi can only be ascertained using two methodologies which has also been mentioned by Haryana,” the affidavit, filed through advocate Brajesh Kumar, stated.
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.
Reacting to the top court observations, the Raj Niwas official said despite knowing that a large scale water mafia is operational in Delhi, extorting money from the poorest of the poor, the Delhi Jal Board under AAP never thought it proper to even complain to the police about the same, leave apart filing an FIR, that would have automatically ensured police action. “They never came to LG asking for action to be taken. They of course could not have because the water mafia in Delhi operates in connivance with the AAP under direct patronage and blessings of its leaders,” they said.
In response to the water crisis, the AAP Government formed “quick response teams” on Tuesday to monitor the main water distribution network and ensure there are no leakages. Water and Revenue Minister Atishi stated on X on Wednesday, “Given Delhi’s severe water shortage amid the heatwave, measures are being implemented to prevent any water wastage…”
Atishi on Wednesday wrote to the Chief Secretary directing him to ensure that these teams monitor and inspect the main water distribution network from water sources to the water treatment plants and from WTPs to primary underground reservoirs (UGRs).
Meanwhile, Delhi BJP leaders met the Delhi police chief on Wednesday and demanded the formation of a special investigation team and registration of an FIR over the alleged theft of water from the Munak Canal and other sources by the tanker mafia. Delhi BJP president Virendra Sachdeva along with the party’s North West Delhi MP Yogendra Chandolia met Police Commissioner Sanjay Arora at Delhi Police headquarters and handed over a complaint from the party. In the complaint, the party requested the Delhi Police to register an FIR over water theft.
