TAG: GS 2: POLITY
THE CONTEXT: The ongoing legal tussle between Punjab and Himachal Pradesh over the Shanan Hydropower Project has escalated, with the Punjab government urgently approaching the Supreme Court to intervene in the matter.
EXPLANATION:
- The dispute centers around the impending expiration of a 99-year lease for the Shanan Hydropower Project located in Himachal Pradesh.
- The Punjab government has filed a suit under Article 131 of the Constitution, seeking the Supreme Court’s intervention to prevent the Himachal Pradesh government from taking control of the Shanan Hydropower Project upon the expiry of the lease.
- The 99-year lease for the Shanan Hydropower Project is set to expire this month, prompting the urgency in legal proceedings to avoid the Himachal Pradesh government taking over the project.
Historical Background of Shanan Hydropower Project
- The Shanan Hydropower Project, situated in Jogindernagar, Himachal Pradesh, dates back to 1925.
- It was constructed during the British era under a lease agreement between Raja Joginder Sen and Col BC Batty.
- The hydropower project played a crucial role in supplying electricity to undivided Punjab, Lahore, and Delhi before India gained Independence.
- The Punjab government claims that the Shanan Hydropower Project is in a state of disrepair, alleging that maintenance work was halted by the Punjab government.
- Punjab asserts ownership and lawful possession of the project, currently under the formative control of the Punjab State Power Corporation Ltd (PSPCL).
- The legal action is taken under Article 131, which deals with the Supreme Court’s original jurisdiction in disputes between states or between the Centre and states.
Legal Demands and Injunctions Sought by Punjab
- Permanent Prohibitory Injunction: Punjab seeks a permanent injunction, preventing the Himachal Pradesh government from disturbing the lawful possession and smooth functioning of the Shanan Hydropower Project.
- Mandatory Injunction: Additionally, Punjab urges the Supreme Court to issue a mandatory injunction, directing Himachal Pradesh not to deploy any officer or team to take over the project’s management and control.
Chief Minister’s Advocacy and Historical Injustice Claim
- Chief Minister of HP raised the issue during his recent visit to Delhi, demanding the immediate transfer of the project to Himachal Pradesh.
- He also asserted that the project’s allocation to Punjab in 1966, during the reorganization of states, was unjust, given Himachal Pradesh’s status as a Union Territory at the time.
Shanan hydropower project:
- The Shanan hydropower project in the Mandi district of Himachal Pradesh is one of the oldest and most important hydroelectric projects in India. It was built by the British in 1925.
- The project harnesses the power of the Uhl River, a tributary of the Beas River, and generates 110 MW of electricity.
- The project consists of a dam, a powerhouse, a reservoir and a network of canals and tunnels. The project is also a source of irrigation and drinking water for the surrounding areas.
- The project was leased to the Punjab Government for 99 years by Raja Joginder Singh Bahadur, the then-ruler of Mandi state.
- The lease agreement will expire in March 2024, and both Himachal Pradesh and Punjab are claiming their rights over the project.
Jurisdiction of the Supreme Court:
- The Supreme Court has original, appellate and advisory jurisdiction.
- Its exclusive original jurisdiction extends to any dispute
- between the Government of India and one or more States or
- between the Government of India and any State or States on one side and one or more States on the other or
- between two or more States,
- if and insofar as the dispute involves any question (whether of law or of fact) on which the existence or extent of a legal right depends.