SC asks Himachal to respond to Punjab’s plea on Shanan project in 3 months

Satya Prakash

New Delhi, April 8

The Supreme Court on Monday asked the Himachal Pradesh Government and the Centre to respond in three months to the Punjab Government’s suit against HP Government’s attempt to take control of Shanan Hydropower Project from Punjab on the expiry of a 99-year lease.

Was constructed in 1925

• The British-era Shanan hydropower project at Jogindernagar, 40 km from Palampur in Himachal Pradesh, was constructed in 1925 under the lease executed between Raja Joginder Sen, the ruler of the then Mandi State, and Col BC Batty, a British representative
• The project, which used to feed the undivided Punjab, Lahore and Delhi before Independence, is said to be in a poor condition as the Punjab Government allegedly stopped the repair and maintenance work
• The Punjab Government has moved the top court seeking an urgent hearing of its suit against the HP’s attempt to take control of the project on the expiry of a 99-year lease that expired on March 1

Asking defendants, the Himachal Pradesh Government and the Centre, to file their written statements, a Bench led by Justice AS Oka posted the matter for further directions on July 29. The Bench had on March 4 issued summonses to the defendants on Punjab Government’s suit.

Earlier, on the expiry of the lease on March 1, the Centre had asked both the states to maintain the status quo.

The Punjab Government has moved the Supreme Court seeking an urgent hearing of its suit against the Himachal Pradesh Government’s attempt to take control of Shanan Hydropower Project from the Punjab Government on the expiry of a 99-year lease that expired on March 1.

The Punjab Government has filed an original suit against the Government of Himachal Pradesh and the Centre under Article 131 of the Constitution, which deals with original jurisdiction of the top court in a dispute between the Centre and one or more states or a dispute between two or more states.

Contending that it was the owner and was in lawful possession of Shanan Power House Project and its Extension Project along with all assets currently under formative control of Government of Punjab through Punjab State Power Corporation Ltd. (PSPCL) erstwhile, PSEB, the Punjab Government has sought a “permanent prohibitory injunction” restraining the Himachal Pradesh Government from disturbing the lawful peaceful possession and smooth functioning over the project.

The Punjab Government has also urged the top court to issue a “mandatory injunction” directing the Himachal Government not to depute any officer or team of officers to take over the project from its management and control.