Thaindian News

New Delhi, Sep 27 (IANS) The Supreme Court Tuesday said that Himachal Pradesh was entitled to 7.19 percent of the power from the Bhakra-Nangal and Beas hydropower projects and awarded compensation to the hill state.

The compensation, which will be calculated by the central government, would be paid by Punjab and Haryana as the two states were the beneficiaries of the denial of power to Himachal Pradesh over the last few decades.

Himachal Pradesh had sought 12 percent of the power generated by the Bhakra Beas Management Board hydropower projects in the state.

The cost of excess power consumed by Chandigarh would be borne by Punjab and Haryana as it happens to be the capital of both the states.

The apex court bench of Justice R.V. Raveendran and Justice A.K. Patnaik said: “It is hereby declared” that Himachal Pradesh is “entitled to 7.19 percent of the power of the composite state of Punjab from the Bhakra-Nangal project with effect from Nov 1, 1966, and from Beas project with effect from the dates of production in unit I and unit II.”

Justice Patnaik said that Himachal “would be given its share of 7.19 percent as decreed in this judgment” from November 2011.

Himachal Pradesh had contended that since 7.19 percent of the total population of the composite state of Punjab was transferred along with the territories to the newly created state of Himachal Pradesh under the Punjab Reorganisation Act, 1966, it was entitled to 7.19 percent of the total power generated in the Bhakra-Nangal and Beas projects.

This stand of Himachal Pradesh was upheld by the recommendation of the former chairman of the Central Electrical Authority K.S. Subrahmanyam in his report June 29, 1979.

“Equal treatment warranted” that Himachal Pradesh was “allocated 7.19 percent of the total power generated in the Bhakra-Nangal and Beas projects” after excluding the power allocated to Rajasthan from Nov 1, 1966 as defined in the Punjab Reorganisation Act, 1966.

The court ordered that the central government would work out the details of the claim of Himachal Pradesh on the basis of its entitlement along with the entitlement of Punjab at 51.8 percent and Haryana at 37.51 percent. Chandigarh was allocated 3.5 percent of the total power production.

The court said that for the calculation of amount due to Himachal Pradesh from Punjab and Haryana, the power already received by the hill state from Bhakra-Nangal and Beas have to be deducted from the quantum of power 7.19 percent allocated to it till October 2011.

The central government has been directed to file the statement on the claim of Himachal Pradesh in the apex court within six months stating the amounts due to the hill state from Punjab and Haryana.

The court directed Punjab and Haryana to pay Rs.5 lakh each as cost to Himachal Pradesh and directed the listing of the matter after six months.