SC to Centre: File reply on tussle between Punjab and Himachal

Shimla: The Supreme Court on Friday directed the central gov that it must file its reply by Dec 13 to Punjab govt’s suit to restrain the Himachal Pradesh govt from claiming possession of the Shanan hydropower project at Jogindernagar in Mandi district from Punjab on the expiry of a 99-year lease.As the matter came up for resumed hearing on Friday before the division bench comprising Justice Abhay S Oka and Justice Augustine George Masih, Himachal Pradesh advocate general Anup Kumar Rattan submitted that the central govt has not filed its reply in the case till now. The apex court had earlier on September 23 directed both the central as well as the Punjab governments to file their replies but only the Punjab government has submitted its reply till now. “We also sought time to file a rejoinder to Punjab government’s reply filed on November 5 to Himachal government’s application,” advocate general told TOI. Now the arguments on the rejection of the plaint would take place on the next date of hearing on Dec 13, he added.The Supreme Court has already cleared earlier that it would first have to address Himachal Pradesh govt’s preliminary objections to the Punjab govt’s original suit over the 110MW pre-Independence hydel project. As the 99-year lease expired on March 2, the Punjab govt had knocked at the court’s doors seeking permanent injunction.At the same time, Himachal Pradesh government has submitted before the top court that it was in 1925 that then Mandi king Joginder Sen had leased the land to the central government for 99 years to set up the Shanan Power Project and the lease came to an end in March this year. Therefore, now Himachal Pradesh has a rightful claim over the project and the Punjab government’s suit cannot be entertained by the apex court under Article 131 since it is based on a treaty and an agreement which is beyond the court’s jurisdiction in such cases.Govts seek Centre supportDuring a meeting with the Union power, housing and urban affairs minister Manohar Lal Khattar on Thursday in Shimla, Himachal Pradesh chief minister Sukhvinder Singh Sukhu had sought the central government’s assistance in securing the return of the Shanan power project in Mandi district to Himachal Pradesh from Punjab. Sukhu had asserted that Punjab’s lease period for the project had ended and the central government should intervene to ensure the project’s transfer to Himachal Pradesh along with all its assets. Also, three Punjab ministers – Harbhajan Singh, Hardip Singh Mundian and Dr Ravjot Singh – had met Khattar on Thursday in Chandigarh claiming that Shanan power project is Punjab’s right under the Punjab Reorganization Act and the central government should file its reply before the Supreme Court in Punjab’s favour.
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