2000 INSC 0871
SUPREME COURT OF INDIA

Comdr. Sureshwar D. Sinha

Vs.

Union of India (UOI)

                                         (B. N. Kirpal and Ruma Pal JJ.)

10.05.2000

ORDER

1. Pending further consideration, we direct that 125 cusecs of less of water which may be arranged
by the National Capital Territory of Delhi from Bhakra Beas Management Board shall be carried
through the States of Punjab and Haryana to Delhi for the purposes of treatment of the said water by
the water treatment plant at Nangloi which was completed in 1998 and still remains unused. Further,
it is made clear that the water so released by the Bhakra Beas Management Board shall not be out of
the quota of the State of Haryana or Rajasthan. This 125 cusecs should be in addition to water which
is being released now. We further direct that the Central Water Commission shall see that there is no
danger to the breach of the canal which carries the said water and the said Commission will have the
right to regulate the flow by reducing the same if it was of the opinion that carrying this water is
likely to result in a breach of the canal. The Chief, Secretaries of the States of Punjab and Haryana
will ensure compliance of this order.

2. This interim order will be operative till the 31st of August, 2000. For further consideration, list
this application in the first week of August, 2000. This order be complied within a week.

3. The Additional Solicitor General states that the Delhi Jal Board is taking steps for the purpose of
water harvesting.

4. It is quite evident that water harvesting is the need of the hour even though it may only be able to
supplement and not replace the traditional sources of water supply. While the Delhi Jal Board
should take all steps necessary and execute the projects for the purposes of water harvesting, we do
not find any cogent steps having been taken by the authority which should have been in the
forefront to do so, namely, the Delhi Development Authority. There has in fact been no
development in this regard. As far as the said authority is concerned, we can take judicial notice of
the fact that the residential colonies established by the D.D.A. are some of the worst affected areas
as far as the shortage of water is concerned.

5. We, accordingly, are compelled to and we have no other alternative but to issue directions in this
behalf keeping in view that not too long, even the Prime Minister of the country has emphasised on
the need of water harvesting for the purpose of supplementing the water supply. This water
harvesting will also recharge the ground water which is depleting at an alarming rate because of the
unregulated use of the same by the borewells.

6. We appoint a Committee of three persons - of the D.D.A. consisting of Mr. Lakshman Rao,
Member (Finance) as the Chairman, Member (Engineering), and an NGO Ms. Sunita Narain of
C.E.R.C. as its Member. The D.D.A. and the Delhi Administration will make such funds available
to them as they may require for executing, in the first phase water harvesting projects in the DDA
colonies like Vasant Kunj and the adjoining areas, in which the DDA colonies are facing acute water
shortage. The said Committee will be at liberty to take assistance from other NGOs and expert
bodies like INTAC etc.. The Committee shall immediately take steps and undertake execution of
this work for implementing this order so that the benefit of the next monsoon is not lost. The
Committee shall submit an interim report before the Vacation Bench in the second week of June
2000 indicating the work done till then.

7. A copy of this order be sent immediately to the Vice Chairman, DDA for implementation. A copy
be also given to Mr. K.N. Raval, ASG. This Committee will also involve the Residents Welfare
Associations in the execution of the task and will be at liberty to ask those associations to volunteer
donations both in cash or in kind.

8. Mr. V.B. Saharya accepts notice on behalf of DDA.

9. Matter relating to water harvesting only to be listed before Vacation Bench.