Himachal Pradesh High Court on Saturday issued notices to two-neighbouring states of Punjab and Haryana, besides the Centre and Punjab State Power Corporation (PSPC) on a petition seeking transfer of Shanan hydro-power project to the state of its origin.
The project was set up in 1932 on the Uhl river near Jogindernagar in Mandi district and is in control and operation of the Punjab government despite being located in Himachal.
The state government’s repeated requests to the Centre and also Punjab government, to transfer back the project to Himachal Pradesh since its lease stand expired long back, has gone in vain till now.
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On Saturday, a division bench of Chief Justice L. Narayana Swamy and Justice Anoop Chitkara issued notices to the Centre, Punjab and Haryana governments on a petition filed by one Laxmender Singh (Mandi), who alleged that the Punjab government continued to run the project illegally without conceding the state’s demand to transfer it back to the state so that people of that state get free power produced there.
The project, according to Singh, was set up by the British Government in order to supply electricity to Punjab. An agreement for this purpose was executed between then government and the erstwhile State of Mandi (Darbar) for construction of Uhl river hydroelectric project.
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“It was agreed that the Mandi state will provide the land and water of the Uhl river for the project and labour. The Mandi state will be supplied 500KW free electricity. One of the clauses was that a high tension transmission line will be installed from the project to Mandi state for this purpose. The powerhouse will be constructed and maintained by Mandi (state). This agreement dated 26.12.1935 was formally and implemented also,” the petitioner said.
He alleged that before Independence, the project was in the territory of the then Mandi (state) but after Independence, the project came under district Mandi (territory of Himachal Pradesh)
From August 15, 1947, to April 9, 1965, united Punjab was in charge of the Shanan project. Legally, after the trifurcation of Punjab, the project should have come to Himachal Pradesh, according to the distribution of the assets.
In 1965 and 1975, according to some agreements, the project continued to remain in the possession and control of the Punjab Punjab Electricity Board.
The petitioner the project was generating an income of Rs 100 crore every year and Himachal being a small state with very limited income must be given the benefits out of the project, and the same should be handed over to the state of its origin.
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The bench has given four weeks to the state governments and the Centre to file replies.
Earlier in September 2011, the Supreme Court had also upheld the right of Himachal Pradesh to get 7.19 power share from all the hydroelectric projects executed by the Bhakra Beas Management Board (BBMB) from November 1966—when states’ Reorganisation Act was implemented.
