'Can't pass order on the basis of newspaper reports,' SC castigates Delhi govt on failure to remove defects in WP on water issue

NEW DELHI: The Supreme Court on Monday said it can't pass orders on the basis of newspaper reports as it castigated the Delhi government over its failure to remove defects from its writ petition seeking direction for Haryana and Himachal Pradesh to supply additional water to the national capital due to prevailing heat conditions.

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A bench of Justices Prashant Kumar Mishra and P B Varale told the Delhi government that it would dismiss the writ petition on the ground of failure to remove defects as an assurance was made on the last date of hearing.

Senior advocate Shyam Divan, appearing for the Haryana government, said it could not e-file the affidavit and the status report as the writ petition by the Delhi government was still lying under the defects.

On this, the bench told the Delhi government counsel, "There are so many things reported in the newspaper, if we don't read the files and replies and status report, then we will be impressed by whatever newspapers are reporting. It would not be in interest of any of the parties."

Notably Delhi Water Minister Aatishi Marlena continued to mount pressure on Haryana government by making statements on everyday accusing it not releasing the sufficient water for Delhi.

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Hearing the writ petition, the bench told the Delhi government, "You have not removed the defects, last time also it was pointed out. Don't take the court proceedings for granted, we will dismiss the petition on this ground only howsoever, important this petition can be. When a statement is made that you will remove the defects and it is not removed, we will simply dismiss it. You said, you were suffering from deficit of water, pass the order today itself on the last date."

The court said the affidavit and the status report can't be placed on record because the defects in the writ petition have not been removed.

As the Delhi counsel apologised for it, the bench posted the matter for hearing on Wednesday.

The Supreme Court had on June 6 directed the Himachal Pradesh government to release 137 cusecs surplus water available with it on Friday for drinking water requirement in Delhi in view of acute crisis and prevailing heatwave conditions here.

"There should be no politics over water," the bench had said, after having noted the Congress government of Himachal Pradesh assured to provide the additional water, though Haryana claimed there was no water available.

The bench had said that Delhi is undergoing a serious water crisis and this is an existential problem.

The court had directed the Upper Yamuna River Board to measure the additional supply at Hathini Kund in Haryana for the supply to Delhi.

"Since Himachal Pradesh is ready and willing to supply the surplus water, we direct the state to release 137 cusecs additional water from upstream so that it reaches Wazirabad. As and when the surplus water is released by Himachal Pradesh, Haryana shall facilitate flow of surplus water through Hathini kund so that it is made available to Delhi for drinking water," the bench had said.

The court had directed the Haryana government and others to file a status report in the matter.

The temperatures in Delhi recently almost touched 50 degrees Celsius with many areas in Delhi including Chanakyapuri's Sanjay Camp, Geeta colony in East Delhi, Patel Nagar, various North and South Delhi parts, Mehrauli and Chhatarpur and others facing acute water shortages, putting the Delhi government on the dock over the arrangements. In several localities, people were seen running after water tankers in Delhi with empty buckets and pipes.