Today, on 5th March: Punjab has filed a case in the Supreme Court against the Himachal Pradesh government over the Shanan Hydropower Project. This project, dating back to 1925 under a British-era lease, faces uncertainty as the 99-year lease nears its end. Punjab worries that Himachal Pradesh might take over the project, raising broader concerns about ownership. Punjab seeks legal help to protect its interests in the dispute.
NEW DELHI: Today, on March 5, the Supreme Court has recently taken notice of a petition filed by the State of Punjab concerning the Shanan Hydropower Project, urging the Himachal Pradesh government to maintain operational control and ownership of the project.
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Representatives of Punjab, including Advocate General Gurminder Singh and Additional Advocate General Shadan Farasat, appeared before the bench, comprising Justice Abhay S Oka and Justice Ujjal Bhuyan. They highlighted the Union government’s call for maintaining the status quo between the two states in the ongoing dispute.
Punjab contends that Himachal Pradesh is making efforts to seize control of the Shanan Hydropower Project, situated in Jogindernagar, Himachal Pradesh. Despite the project being under the Punjab State Electricity Board’s management via a lease agreement dating back to the British era in 1925, Himachal Pradesh has recently requested its handover, citing the lease’s impending expiry by March-end.
In response, Punjab has filed an original suit seeking a permanent injunction against Himachal Pradesh’s interference with the project’s possession and operation. Punjab has administered the project since 1932 and views Himachal Pradesh’s claims as baseless and politically motivated.
The suit emphasizes that previous legal proceedings have affirmed Punjab’s ownership of the project. Notably, the central government reaffirmed Punjab’s authority over the project in 1967. Punjab argues that the expiration of the lease deed holds no significance in light of the Punjab Re-organization Act 1966, which solidifies Punjab’s territorial claims over the project area.
Punjab’s plea urges the Court to restrain Himachal Pradesh officials from accessing the project premises. The legal proceedings underscore the longstanding dispute over the project’s ownership and operation, with Punjab seeking judicial intervention to safeguard its interests.
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Farasat stressed the urgency of the situation, underscoring the risk posed by the imminent expiry of the 99-year lease for the Shanan Hydropower Project. Dating back to the British era and located in Jogindernagar, around 40 km from Palampur in Himachal Pradesh, the project was established in 1925 through a lease agreement between Raja Joginder Sen of the then Mandi state and Col BC Batty, representing the British administration.
Initially serving undivided Punjab, Lahore, and Delhi prior to India’s independence, the Shanan hydropower project reportedly faces neglect, allegedly due to the Punjab government’s cessation of maintenance efforts. To address this contentious issue, Punjab has initiated legal proceedings by filing an original suit against both the Himachal Pradesh government and the central government under Article 131 of the Constitution. This article grants the Supreme Court original jurisdiction in disputes involving the central government and one or more states or conflicts between two or more states.