DELHI WATER SUPPLY AND SEWAGE DISPOSAL UNDER TAKING AND ANR. versus STATE OF HARYANA AND ORS.

DELHI WATER SUPPLY AND SEWAGE DISPOSAL UNDER TAKING AND ANR. versus STATE OF HARYANA AND ORS.

The Supreme Court directed that Delhi shall continue to get as much water for domestic use from Haryana through river Jamuna as required to fill reservoirs at Wazirabad and Hyderpur, and this order is binding irrespective of the MOU or other proceedings; the supply of drinking water to Delhi cannot be obstructed and violation of the Court's order will be dealt with seriously.

Parties
Petitioner: Delhi Water Supply and Sewage Disposal Undertaking; Petitioner: Commodore Sureshwar D. Sinha; Respondent: State of Haryana; Respondent: State of Uttar Pradesh; Respondent: State of Rajasthan; Respondent: State of Himachal Pradesh; Respondent: National Capital Territory of Delhi
Jurisdiction
India
Judgment Date
29 February 1996
Procedural Posture
Contempt Petition and Writ Petition (c) No. 537 of 1992 / Final Order/disposition
Outcome
Contempt proceedings dropped, matter disposed of
Legal Topics
Inter State Water Allocation, Public Interest Litigation, Domestic Water Use Priority, Enforcement of Court Orders
Constitutional Law Inter State Water Disputes Contempt of Court Inter State Water Allocation Public Interest Litigation Domestic Water Use Priority Enforcement of Court Orders

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Parties

Delhi Water Supply and Sewage Disposal Undertaking

Petitioner

Commodore Sureshwar D. Sinha

Petitioner

State of Haryana

Respondent

State of Uttar Pradesh

Respondent

State of Rajasthan

Respondent

State of Himachal Pradesh

Respondent

National Capital Territory of Delhi

Respondent

Procedural Posture

Contempt Petition and Writ Petition (c) No. 537 of 1992 / Final Order/disposition

Legal Issues

  1. 1 Whether Delhi is entitled to receive allocated water for domestic use from river Jamuna as directed by Supreme Court, irrespective of the Memorandum of Understanding (MOU) among States
  2. 2 Whether failure by Haryana and other States to comply with Supreme Court's interim order constitutes contempt
  3. 3 Whether drinking/domestic use has legal priority over irrigation in allocation of river water

Ratio Decidendi

The Supreme Court directed that Delhi shall continue to get as much water for domestic use from Haryana through river Jamuna as required to fill reservoirs at Wazirabad and Hyderpur, and this order is binding irrespective of the MOU or other proceedings; the supply of drinking water to Delhi cannot be obstructed and violation of the Court's order will be dealt with seriously.

Court Disposition

Contempt proceedings dropped, matter disposed of

Orders

  • Directs State of Haryana to make available required quantity of water to Delhi for domestic use throughout the year, to fill Wazirabad and Hyderpur reservoirs.
  • Directs Haryana not to obstruct supply of water to Delhi as ordered by Court; order binding regardless of MOU or other proceedings.