SC to hear HP’s Shanan project plea on Nov 8

Shimla: Agreeing to hear Himachal Pradesh govt’s preliminary objections against Punjab’s suit to restrain the Congress govt in the hill state from claiming possession of the Shanan Hydropower Project in Jogindernagar from the latter on expiry of the 99-year lease, the Supreme Court on Monday directed Punjab as well as the central govt to respond.
The bench, comprising Justice Abhay S Oka and Justice Pankaj Mithal, while posting the hearing of the case for Nov 8, cleared that the court would first have to address Himachal govt’s preliminary objections to the Punjab govt’s original suit over the 110 megawatt pre-independence era hydel project.As the 99-year lease expired on March 2, the Punjab govt had knocked at apex court’s doors seeking permanent injunction to prevent the Himachal govt from taking over hydel power project’s possession.
Whereas, the Himachal govt has submitted before the top court that it was in 1925 that then Mandi king had leased the land to the central govt for 99 years to set up the Shanan Power Project and the lease came to an end in March this year. Therefore, now Himachal has a rightful claim over the project and the Punjab govt’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, said Himachal advocate general Anup Kumar Rattan.