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Civil Society group to file PIL against NHPC, J&K Govt
Salal Power Project transfer
7/9/2011 12:36:03 AM
Early Times Report
SRINAGAR, July 8 : A civil society group from Jammu and Kashmir has decided to file a Public Interest Litigation against NHPC and the state government for doing 'injustice' with the state in handing over back Salal Power project. The group which consists of former Divisional Commissioner, G N Nayak, prominent industrialist, Shakeel Qaladar and presidents of Chamber of Commerce Kashmir and Jammu will file the PIL in High Court soon.
The misplacement of a very important file dating back to 1975 pertaining to the agreement between the state and the centre for execution, energy sharing and transfer of Salal power project on river Chenab to J&K, has prompted the civil society to approach the court of law.
Since the file dates back to 1975 and a fresh documentation was initiated in 1985, fingers are pointed towards the then chairman of NHPC Peerzada Ghulam Nabi and the then state Power Commissioner Naqash for deliberately misplacing the records due to which the losses-financial and power-suffered by JK are estimates at Rs. 10 thousand crores- the value of energy generated by Salal per annum.
Peerzada Ghulam Nabi who became chairman of NHPC in July 1983 is the only State subject that headed the corporation for about 19 months till February 1985- the period during which the important file is believed to be stolen from the records. Interestingly this was the period when Naqash was the power commissioner of J&K and if sources are to be believed the duo was enjoying personal relationship and maintained it excellently throughout their tenures.
In 1985, sources said NHPC approached the state government for fresh paper-work for execution and energy sharing of Salal power project with a written statement that there was no record available with the NHPC in regard to the terms and condition reached upon between the parties so it was essential to go for afresh documentation.
As for fixing responsibility for this handiwork, the then officers of NHPC and Power Development Department come under the scanner as they would have been the beneficiaries besides NHPC being the ultimate beneficiary.
However, NHPC, virtually contemptuous towards law of the land, has never entered in any agreement with the state government as for the execution of Hydro Electric Power Projects in Jammu and Kashmir is concerned. The state government has either resolved unilaterally through cabinet decisions or has entered into negotiations with the central government while as NHPC has never ever availed the opportunity provides to it by the state to become legal partners.
Though the PHE department of the state has traced a cabinet order dating back to 1975 for execution, energy sharing and transfer of Salal Power project on Chenab River to JK, the file is still untraceable, sources added.
Though the terms and conditions set in the cabinet order 1975 stated that the JK government would be responsible for execution and management of Salal project during construction, that the state government would be entitled to 50 percent share of power on generation cost from the project, the state government will be at will to sell any surplus power out of its 50 percent share to any state, the profit earned from sale of the (remaining) 50 percent of power will be shared between state government and the government of India, the power requirements of the state will be reviewed after every 5-years, the project would be fully funded by the government of India.
The ownership of the project will be reverted to the state government after a suitable period on payment of depreciated cost in accordance with JK Electric Supplies Act 1971 and the state government will have sole rights for development of fisheries and navigation on the storage created by the project, NHPC has taken a complete U-turn stating that it never entered into any agreement with the state government.
As the file is missing from the archives of the government and even from the records of the PDD, the then chairman NHPC Peerzada Ghulam Nabi and state's Power commissioner Naqash are being blamed for the 'mischief for their personal benefits.'
Talking to KNS, Minister for PHE, Flood Control and Irrigation, Taj Mohi-ud-Din said that civil society group had approached him on the issue. "They have right to seek intervention of the court," he said,
Taj confirmed that the 1975 agreement which is missing from the PDD records had been signed on 50:50 ratio.
"In last eight years we have lost Rs ten thousand crores due to loss of file as we couldn't get back Salal in 2002 as per the agreement," he added. (KNS)
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