The Bench eventually opined that the appropriate remedy for the Delhi government may be to press its requests before the Yamuna River Board for the release of more water.
“Did you (Delhi) move the board? You might not have because we passed the 137 order. You have not alleged that Himachal did not release, but it is already flowing. You should have moved the board if you needed surplus despite 137 (cusecs) flowing. Or do you want water only by writ of this court? Solution is only with the court?” the Court remarked.
Representing the State of Haryana, Senior Advocate Shyam Divan supported the Court’s view, asserting that there were technical issues involved that are better settled by the Board.
Advocate Shadan Farasat, who also appeared for the Delhi government, however pointed out that the Board had earlier left the matter to the Haryana government.
“Board had said, write to Haryana … They (Board) said leave it to Haryana and we are stuck,“ he pointed out.
The Court, however, decided to eventually dispose of the matter by directing the Yamuna Water Board to decide on Delhi’s request without delay.
Advocate General Anup Kumar Rattan appeared for the State of Himachal Pradesh.
Source: Barandbench
