Shanan Hydropower Project: Punjab moves Supreme Court against Himachal Pradesh attempt to take over plant

The Supreme Court on Monday sought the response of the Himachal Pradesh government on a plea by the State of Punjab which has sought to retain the operational control and ownership of the Shanan Hydropower Project [State of Punjab vs State of Himachal Pradesh and anr]..A bench of Justices Abhay S Oka and Ujjal Bhuyan also issued summons to the State of Himachal Pradesh government in the matter, on the aspect of interim relief.Advocate General Gurminder Singh and Additional Advocate General Shadan Farasat appeared for the State of Punjab.The counsel also informed the the apex court that the Union government has, through a letter, called for status quo to be maintained among the two States in the case.The top court recorded the same in its order. .The State of Punjab moved the Court alleging that the State of Himachal Pradesh is attempting to take over the project,The project is located in Himachal Pradesh's Jogindernagar but has been under the control of Punjab State Electricity Board pursuant to a lease agreement.The British-era project was set up in 1925. The Himachal government recently sent a letter to the Punjab government asking that the property be handed over to the Himachal government since the 99-year-old lease in favour of the Punjab government is expiring by the end of March.In an original suit before the top court, the Punjab government has sought a permanent prohibitory injunction to restrain the Himachal Pradesh government from disturbing the lawful peaceful possession and smooth functioning of the power project.As per the plea, Punjab has been running the project since 1932, and therefore, the Himachal Pradesh government's claims over it are "a political misadventure.""The defendant No. 1 (Himachal Pradesh government) is trying to illegally and wrongfully dispossess the plaintiff from the suit property and is trying to take over the said Project in a mala fide manner, without there being any legal or statutory right with the defendant ... the facts on the ground indisputably confirm the ownership of the State of Punjab over the Shanan Power House Project and its Extension Project," the plea said. .As per the suit, the issue has already been settled in various civil and other judicial fora since the inception of the project."The issue regarding the title of the land (over which the power project stands) being vested in Punjab State Power Corporation Limited has been candidly settled through multiple judicial decisions to which the Union of India and the State of Himachal Pradesh are parties," it was stated.The Central government had in 1967 reiterated that the project belongs to Punjab, it was argued."A threat has been issued to illicitly taking over the peaceful possession of the said Hydel Project on the alleged and illegal ground of expiration of the lease deed as per the agreement dated 3/3/1925, however, the same has lost its consequence due to coming into force the operation of ... the Punjab Re-organization Act 1966, which has never been assailed till date ... defendant No.1 has no territorial claim over the said suit property," the plea said.The Punjab government has, thus, sought directions to restrain officers from Himachal Pradesh from visiting the suit property..The suit was filed through advocate Siddhant Sharma and drawn by advocates RPS Bara and Karmanbir Singh Kharbanda.