Shimla, Sept 23,
The Supreme Court today issued a notice and ordered the Punjab government to respond by November 8, following the Himachal Pradesh government’s application to dismiss Punjab’s civil suit regarding the Shanan Power Project. The court has also sought a reply from the Union government of India on the matter.
Advocate General of the Himachal Pradesh High Court, Anup Kumar Rattan, stated that the suit filed by Punjab cannot be entertained by the Supreme Court under Article 131, as it is based on a treaty and an agreement, which fall beyond the court’s jurisdiction in such cases. “The court, prima facie considering our arguments to be correct, issued a notice and directed the Punjab government to respond,” Rattan stated.
Rattan further elaborated on the history of the Shanan Power Project, explaining, “In 1925, the then king of Mandi leased the land for 99 years to the Government of India for the Shanan Power Project, and the lease expired in March 2024. With the lease now expired, Himachal Pradesh has a rightful claim over the project, and it belongs to the people of Himachal Pradesh,” added Anup Kumar Rattan.
The Punjab government has sought to retain control over the project by approaching the Supreme Court, but Himachal Pradesh is contesting this claim. The matter, including the petition for the rejection of the lease, will be heard on November 8.
Notably, earlier this month, Himachal Pradesh Chief Minister Sukhvinder Singh Sukhu had announced that the state government would approach the Supreme Court to secure the Shanan Hydropower Project for the state. This move follows the expiration of the lease period for the 110 MW project in Jogindernagar, currently held by Punjab, which ended on March 2 this year.
A number of dams and power projects were built before and after Independence in the state, especially during the era of erstwhile United Punjab. The lease and ownership of many projects still remain with the states of Punjab and Haryana. The state of Himachal Pradesh has approached the Supreme Court for disputes arising from its share in joint projects, including BBMB. The state claims that pending revenues and dues worth thousands of crores are still to be settled by the states of Punjab and Haryana, as well as the Union Territory of Chandigarh.
The Shanan Hydropower Project, built in 1925, was executed by Raja Joginder Sen, the ruler of the erstwhile princely state of Mandi, in favor of Col. B.C. Batty, a British representative. The project is situated on the Uhl River, a tributary of the Beas River.
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