HC attaches Himachal Bhawan over Rs 64-cr dues

The HP High Court has ordered the attachment of Himachal Bhawan located in New Delhi for the failure of the state government to return Rs 64 crore to Seli Hydro Electric Power Company. The amount had been paid as upfront premium by the company to set up a power project in the state.

Justice Ajay Mohan Goel passed the order yesterday on an execution petition filed by the company against the Director, Directorate of Energy. The company had sought the execution of the judgment passed by the court on January 13, 2023, whereby it had directed the state government to refund the upfront premium of Rs 64 crore along with 7 per cent per annum interest with the effect from the date of filing of the petition till its realisation.

The state had filed an appeal against the judgment before a Division Bench of the high court and it had granted a stay subject to the government depositing the amount with interest. When the amount was not deposited, time was again granted to the state with a caveat that if it was not done, the interim stay would be vacated. On July 15, the Division Bench vacated the interim protection as the amount in question had not been deposited by the state.

While passing the attachment order, Justice Ajay Mohan Goel observed that “as of now, as there is no interim protection in favour of the state, obviously, the award has to be implemented. More so for the reason that the delay in depositing the amount by the state is entailing interest on a daily basis, which has to be paid from the public exchequer. Therefore, for the purpose of execution of the award, the court orders the attachment of Himachal Bhawan, 27-Sikandra Road, Mandi House, New Delhi, and the petitioner may take appropriate steps for auction thereof.”

The court also directed the Principal Secretary (MPP & Power) to inquire into the matter within 15 days and identify officers responsible for the lapse. The court directed that the interest amount payable to the company might be realised from the officers personally.

The matter has now been listed for compliance on December 6. It was on February 28, 2009, that the state government had allotted a 320-MW hydel project to the company in Lahaul-Spiti. In 2017 the company filed a petition, seeking return of the Rs 64 crore as the government had failed to provide the basic infrastructure.

Even judiciary must act as custodian: CM

CM Sukhvinder Sukhu said his government would take appropriate legal action on the HC’s attachment order. Appearing upset, the CM said like the government, even the Himachal Pradesh High Court “should act as a custodian of Himachal’s properties”.