Shimla: The Sukhvinder Singh Sukhu government in Himachal Pradesh is now looking to stake what it describes as its historical claim over 7.19 percent of Chandigarh as well as the power generated by the Bhakra-Nangal and Beas hydroelectric projects, which are currently under Punjab.
A Himachal Pradesh cabinet sub-committee headed by agriculture minister Chander Kumar has directed the state department of power to prepare a case to present before the central government to get its share in the hydel projects, governed by the Bhakra Beas Management Board (BBMB).
The sub-committee, formed on 1 July to look into these issues, has also recommended that the state government assert its stake in Chandigarh in line with the provisions of the Punjab Reorganisation Act, 1966.
Both these decisions were taken at a meeting Monday.
The Punjab Reorganisation Act oversaw the formation of Haryana and the Union territory of Chandigarh, as well as the transfer of hill territory from Punjab to Himachal Pradesh.
The Act calls for assets and liabilities at the time of the reorganisation to be transferred to the successor states in proportion to the population ratio distributed between these.
Since 7.19 percent of Punjab’s population at the time was transferred to Himachal Pradesh under the 1966 Act, the latter is entitled to 7.19 percent of the total power generated by the Bhakra-Nangal and Beas projects, said K.S. Subrahmanyam, former chairman of the Central Electrical Authority, in a report dated 29 June 1979.
Himachal chief ministers over the past six decades have been demanding a share in the BBMB projects.
The issue forms the latest tug-of-war between Himachal and Punjab, after the former’s bid to claim Shanan Power House — currently leased to Punjab — and the water cess it seeks to impose on hydropower projects in the state, which Punjab and Haryana say will make power more expensive for their consumers.
Said Himachal agriculture minister Kumar: “We are not asking for anything additional. Our share, which is 7.19 percent, was decided in 1966 at the time of reorganisation. That is pending till now and we are just demanding to settle it. Nothing more, nothing less.”
ThePrint reached Punjab Chief Secretary Anurag Sharma over the phone for a comment, but hadn’t received a response till the time of publishing this report.
A senior Punjab civil servant, who didn’t wish to be named, acknowledged Himachal’s arrears with respect to the BBMB, but dismissed its bid to stake claim over Chandigarh as a pressure tactic.
Both the Aam Aadmi Party (AAP), which leads Punjab, and the Congress are allies under the new Opposition alliance that has shaped up to take on the BJP in the 2024 Lok Sabha elections.
However, Himachal’s stated claim on Chandigarh has also been dismissed by Sukhu’s Congress colleagues in Punjab.
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Claim in Bhakra, Beas projects, Chandigarh
The Himachal cabinet sub-committee also has as members revenue minister Jagat Singh Negi and industry minister Harshvardhan Singh Chauhan.
Elaborating on Himachal Pradesh’s claim, minister Kumar said clause 78 of the Punjab Reorganisation Act reads thus: “Right of the successor states in relation to Bhakra-Nangal and Beas projects are rights on account of their succession to the composite state of Punjab on the reorganisation of the composite state of Punjab.”
He also cited a 2011 Supreme Court judgment that upheld Himachal Pradesh’s right to 7.19 percent of the power generated by the BBMB. Himachal had moved court in 1996.
However, the arrears of this share, 13,066 million units of power calculated from 1966, are still pending, claimed Kumar.
“Following the SC verdict, Punjab suggested paying the compensation as free power for 30 years. The arrear is approximately Rs 4,237 crore,” said Kumar, adding that Himachal Pradesh did not agree to this offer.
A senior civil servant in the Punjab government said Himachal’s demand for a share in Chandigarh’s territory was a trick to pressure Punjab to pay the 7.19 percent share in BBMB profits.
“Himachal won the case and got 7.19 percent rights in BBMB projects besides a huge arrear — which Punjab is not in a position to settle,” the official said. “Himachal is pressuring Punjab for settling its rights declared by SC, by raising demand for a similar share in UT — which was an asset created out of Punjab reorganisation.”
Political choices
According to sources in the Himachal government, the issue has become further complicated because of the AAP and the Congress both being part of the new Opposition alliance.
When asked whether this could help Himachal in getting its issues easily sorted with Punjab, Kumar said, “We are talking about Himachal Pradesh’s rights. We have a law, SC ruling in our favour. Whosoever is in power has to abide by it, irrespective of the political positioning.”
The Congress government in Himachal Pradesh is, however, facing opposition from party colleagues in Punjab over its claim over Chandigarh.
Congress leader and leader of opposition in the Punjab assembly, Partap Singh Bajwa, told the media on 2 July that not a single inch of Chandigarh would go to Himachal or Haryana.
“I, along with Congress party state unit, will oppose it,” he said after Punjab CM Bhagwant Mann asked him to clear the party’s stand on Himachal’s claim over the UT.
Mann had told the media in June that “Chandigarh is, was and will always be an integral part of the state (Punjab)”.
(Edited by Poulomi Banerjee)
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