Himachal High Court restrains government from taking coercive action against SJVNL

Legal Correspondent

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Shimla, January 6

The HP High Court has restrained the state government from taking any coercive action against Satluj Jal Vidyut Nigam Limited (SJVNL) till the next date of hearing regarding taking over of three projects, namely Luhri Stage-I HEP (210 MW), Dhaulasidh HEP (66MW) and Sunni Dam HEP (382 MW).

A Division Bench comprising Chief Justice MS Ramachandra Rao and Justice Jyotsna Rewal Dua passed this interim order on a petition filed by the SJVNL, challenging the decision of the state Directorate of Energy to take over the three projects from the SJVNL on the “as is, where is” basis after carrying out a financial analysis.

During the course of hearing, the court was informed that the Directorate of Energy had on December 20, 2023, issued a communication to the SJVNL stating that “in view of the non-resolution of the matter by the SJVNL with the state government and the non-acceptance of the terms and conditions, as per the Himachal Energy Policy, the state is left with no option but to take over these projects”.

The Directorate said “the state has decided that if revised policy provisions are not agreeable to the SJVNL, it will be asked to hand over these projects to the government. Therefore, the SJVNL is afforded the last opportunity to furnish its acceptance of the revised policy provisions within 15 days. The SJVNL is invited to sign the implementation agreements accordingly”.

It was contended on behalf of the SJVNL that the threat of the state to take over the projects in question while the petition was pending and the interim order granted by this court was subsisting, was not proper.

However, on the other hand, Advocate General Anup Kumar Rattan said that a meeting between the representatives of the state and Union governments on the subject would be held shortly. An attempt was being made to amicably resolve the issue.

After hearing both parties, the court observed that “having regard to the fact that the reply of the state is not yet on record and the rejoinder is also to be filed, and since the parties are attempting to resolve the matter amicably, in the meantime, the interim order granted earlier shall continue till the next date of hearing”.