Shanan hydropower project: Centre asks Punjab and Himachal Pradesh to maintain status quo

The Bench issued summonses to the Himachal Pradesh government and the Centre on the Punjab Government's suit against the HP government’s attempt to take control of the Shanan Hydropower Project from Punjab on the expiry of a 99-year lease

Since the Shanan Power House is situated in Himachal’s territory, the state had full rights on this project, Sukhu had said. Tribune file

Tribune News Service

Satya Prakash

New Delhi, March 4

Amid the Himachal Pradesh government's attempts to take control of Shanan Hydropower Project from Punjab on the expiry of a 99-year lease, the Centre has asked both the states to maintain the status quo, the Supreme Court was informed on Monday.

"To be fair, the Union (of India) has on March 1 via a letter asked the parties to maintain status quo. I do not know if they can, but...," Punjab Advocate General Gurminder Singh told a Bench led by Justice AS Oka.

The Bench issued summonses to the Himachal Pradesh government and the Centre on the Punjab Government's suit against the HP government’s attempt to take control of the Shanan Hydropower Project from Punjab on the expiry of a 99-year lease.

The Bench said it would first hear the prayer for interim relief.

Advocates Shadan Farasat and RPS Bara also appeared for the Punjab government.

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

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 filed an original suit against the Himachal Pradesh government 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 the Shanan Power House Project and its Extension Project along with all assets currently under formative control of the Punjab government through Punjab State Power Corporation Ltd. (PSPCL), the 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 Pradesh government not to depute any officer or team of officers to take over the project from its management and control.

During his recent visit to Delhi, Chief Minister Sukhvinder Singh Sukhu had raised the issue with the Centre and demanded immediate transfer of the project to Himachal Pradesh before its condition went from bad to worse.

Since the Shanan Power House is situated in Himachal’s territory, the state had full rights on this project, Sukhu had said. After the reorganisation of the state in 1966, injustice was done to Himachal Pradesh when the project was given to Punjab as at that time Himachal Pradesh was a Union Territory, he had said.

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