Thread by @barandbench

[Delhi Jal Board vs Haryana]

A special bench of the Supreme Court headed by Justice L Nageswara Rao is hearing the plea by Delhi Jal Board regarding the increase in ammonia for the drinking water supplied to Delhi from Haryana

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Senior Advocate Vikas Singh: People are observing fasts on Ramzan and Navratri. Water is needed. A commission can be appointed for examining water at Wazirabad and Haidarpur.

Justice L Nageswara: Please mention the point

Singh: The point is Palla. It is the area where river enters from Haryana and ammonia needs to be checked there.

Justice Rao: Let us here Haryana

Senior Adv Purushaindra Kaurav appears for Haryana

Kaurav: Yamuna is being taken up as the first river under the Suo Motu plea. So far as pollutants is concerned they had visited NGT separately by filing a IA and it was withdrawn since parties had arrived at an amicable conclusion that chief secretaries will meet and sort out

Kaurav: In 2017 too same water level was there. Therefore this situation has been created in the recent past. No case of inaction here. matter can be posted later and we can argue it finally

Kaurav: Availability of water was the same when the inspection was carried out in 2017 also. It is not as if earlier more water was earlier and now it has reduced. Shortfall is because water lands into wazirabad pond, there is diversion in other ponds
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Justice Rao: Are you here or some other state?

Kaurav: I am in Delhi

Justice Rao: then you will also be affected (all laugh)

Kaurav: Upper Yamuna River board is the competent authority to look into this. They are not only concerned with Delhi

Justice Rao: we are not partial to Delhi too. What we are thinking is how to tide over this current situation

Amicus Curiae Meenakshi Arora: One thing has to concerned to release of wastage into water. these are larger things but once this is looked into levels of ammonia etc will come down. Within the state of Haryana and Delhi has central monitoring committee looking into this

Arora: there are about 7 to 8 recommendations which have to be looked into. Let states come and say they will abide by the recommendations. Once those step are taken waters in the river wont be as polluted as it is now

Justice Rao: that will require hearings

Arora: unfortunately no other way as of now. Only the water level has to be maintained.

Justice Rao: can any commission or committee be appointed to look into this and who can be a part of this

Arora: Ms Shailaja Chandra is an expert in this

Justice Rao: Why cant we ask Upper Yamuna River Board to look into the Palla point and look into it

Senior Adv Vikas Singh: we prefer an independent committee

Justice Rao: but who will be a part of it. Let the Solicitor suggest

ASG Aishwarya Bhati makes submissions

Justice Rao: Let us pass orders and let it be an independent committee

Arora: the chief monitoring committee as of now is deemed to file its report to Jal Shakti ministry, A member from that committee too be made a part

[ORDERS BEING DICTATED]

Justice Rao: plea is to ensure that discharge of pollutants leading to spike in ammonia in Yamuna be controlled. Another direction is sought to maintain the level of water supplied to Delhi. DJB complains of inadequate supply of water

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Justice Rao: reduction of water by Haryana has led to spike in ammonia causing health issue submits Senior Advocate Vikas Singh. He says a committee should be formed to check if averments made by Haryana are true indeed especially with regard to water at Palla point

Justice Rao: Kaurav says Upper Yamuna River Board has conducted inspection and that there is diversion of water to water treatment plants before it reaches Wazirabad.

Justice Rao: It is necessary to find out if Haryana and Delhi have complied with recommendations by Yamuna Minitoring Committee now headed by Central Monitoring Committee regarding adequate water supply, ASG Bhati submits that if this court thinks of appointing a committee...

Justice Rao... to ascertain the factual position then representatives from Haryana Govt and Centre be also appointed. before entering into merits of the matter, we feel fit and proper that a committee should be appointed to conduct a local inspection and report here within 3 days

Justice Rao: Committee shal report on quality and quantity of water given to wazirabad plant, levels at wazirabad plant and to see if the water is being diverted to water treatment plants before it reaches Wazirabad and two other areas

Justice Rao: Committee shall consist of: 1. Joint Secretary of Jal Shakti ministry be nominated by Secretary, 2. Secretary of the Minsitry of Jal Shakti, 3. member of DPCB, 4. member of Delhi Jal Board. 5, Member of Haryana Pollution board and 6. Haryana Agricultural Board

Justice Rao: Secretary of Jal Shakti Ministry to chair the committee

Justice Rao: Matter to be listed next Friday

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