New Delhi – In a move to prevent Himachal Pradesh from taking control of the Shanan Hydropower Project following the expiration of a 99-year lease, the Punjab government has taken the matter to the Supreme Court. The legal tussle over the historical project, dating back to the British era, is set to unfold in the apex court, with the Chief Justice of India DY Chandrachud agreeing to an urgent hearing scheduled for Monday.
Advocate Shadan Farasat, representing the Punjab government, emphasized the need for swift action, highlighting the imminent takeover threat by the Himachal Pradesh government upon the lease’s expiration.
The Shanan hydropower project, established in 1925 under a lease agreement between Raja Joginder Sen and Col BC Batty, has historical significance as it used to supply power to the undivided Punjab, Lahore, and Delhi before Independence. Presently, reports suggest the project is in a state of neglect due to the intentional cessation of repair and maintenance work by the Punjab government.
Under Article 131 of the Constitution, the Punjab government has filed an original suit against the Himachal Pradesh government and the Centre. This constitutional provision deals with the Supreme Court’s original jurisdiction in disputes between the Centre and one or more states or between two or more states.
Asserting ownership and lawful possession of the Shanan Power House Project and its Extension Project, the Punjab government, through the Punjab State Power Corporation Ltd (PSPCL), formerly PSEB, seeks a “permanent Prohibitory Injunction.” This legal measure aims to prevent the Himachal Pradesh government from disrupting the project’s lawful peaceful possession and smooth functioning.
Furthermore, the Punjab government has urged the Supreme Court to issue a “mandatory injunction” directing Himachal Pradesh not to deploy any officers to take control of the project from its management and control.
Chief Minister Sukhvinder Singh Sukhu had already raised the issue with the Union Government, advocating for the project’s immediate transfer to Himachal Pradesh. He emphasized the historical and geographical connection of the Shanan Power House to Himachal Pradesh and expressed dismay over the allocation to Punjab during the state’s reorganization in 1966.
As the legal battle unfolds, the Supreme Court’s decision will carry significant implications for the ownership and control of the Shanan Hydropower Project, with both states presenting compelling arguments grounded in historical, legal, and constitutional contexts.
