The Tribune, Chandigarh, India

Wednesday, August 7, 2002, Chandigarh, India

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HP claims 3,200-cr water ‘royalty’
P.P.S. Gill
Tribune News Service

Chandigarh, August 6
The legal battle for “royalty” on river water used in power generation that Himachal Pradesh has demanded from Punjab has entered an advance stage in the Supreme Court.

Himachal Pradesh has demanded Rs 2199.77 crore in a suit filed under Article 131 of the Constitution in 1996, with regard to its share in the Bhakra-Nangal and Beas projects, situated in the hill state. The plaintiff has claimed that the user state had failed to supply 7.19 per cent share and 12 per cent free power to it from the two hydro-electric projects.

The Punjab Advocate-General, Mr Harbhagwan Singh, told TNS today that the present total liability on the state would be around Rs 3200 crore, including interest. Taking cognizance of the suit filed by Himachal Chief Minister, Amarinder Singh held a special meeting at New Delhi on August 1 where a committee was constituted to take care of important cases in the apex court and file “curative writs”. Because of the paucity of time —as the Chief Minister was going abroad — the other important case regarding the filing of a special leave petition on the SYL canal in the Supreme Court was deferred, he added.

The committee is headed by the Chief Minister. Its other members include the Finance, Irrigation and Power ministers, the Chief Secretary and the Administrative Secretaries concerned. It was pointed out at the meeting that one major impediment in defending cases in the apex court was delay and even non-payment of adequate fees to the advocates and experts associated with the key cases. The Chief Minister assured that the payment of fee would not be allowed to hamper the pending cases in future.

PSEB Chairman Sudhir Mittal said about 47 hearings of the case had already taken place before various Chief Justices and about a dozen-odd before the Registrar (Judicial). The process of admission denial of documents is over and the issues stand finalised by the apex court. Even the requisite affidavits have been filed by the respondent states, including Punjab, one by Mr Mittal and the other by Mr R.C. Bansal, a retired Chief Engineer (Hydel).

Interestingly, Punjab had earlier listed four witnesses, who had attended the crucial meeting on April 17, 1967, where the allocation of share from available power — after excluding the share of Rajasthan and other common pool consumers from the Bhakra-Nangal project — was agreed upon. (Himachal Pradesh has challenged that agreement). The share allocated to the partner states was as under: Punjab, (54.5 per cent), Haryana, (39.5 per cent), Chandigarh, (3.5 per cent) and Himachal (2.5 per cent).

The four witnesses identified by Punjab were Mr S.S. Grewal, Mr K.S. Narang, Mr Kirpal Singh and Mr B.D. Saran. While, Mr Saran (aged about 90 years) has settled in the USA, Mr Kirpal Singh (aged about 89 years) is not keeping good health and has been advised rest. Both Mr Grewal and Mr Narang have shown their reluctance to file affidavits at this stage. Hence the decision to file the same by Mr Mittal and Mr Bansal.

The last hearing of the case took place in the Supreme Court on April 24. The court had directed the plaintiff to file affidavits within four weeks, intimating the names of the witnesses along with other details to whom they would like to cross-examine. It is learnt that Himachal Pradesh has filed an application that the affidavits of various witnesses filed by way of evidence may be treated as final and the process of cross-examination be dispensed with.

Punjab, in consultation with the Advocate-General and experts, has filed a written statement in the Supreme Court and the case can be taken up for hearing any day.