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| J&K Govt toughens stand on Salal project | | ‘GoI can’t transfer ownership of project to NHPC’ | | EARLY TIMES REPORT
Srinagar, Sept 22 (KNS): Toughening its stand on handover of Salal Power Project, Jammu and Kashmir government has categorically told National Hydro Power Corporation (NHPC) that Government of India can’t transfer ownership of the project to the Corporation, sources told KNS.
They said the state government has conveyed to the NHPC that till files of agreement between GoI and J&K government weren’t traced NHPC won’t be given any water usage license.
Some of the documents in possession of KNS reveal how the state government has in its communications told the NHPC that no license can be issue to them till the matter is sorted out properly.
Official sources told KNS that state government has asked the NHPC to furnish nine documents to seek license in case of hydro electric projects in J&K and first condition is to deposit Rs five lakh ifir the installed power generating unit and rupees one lakh for other units requiring usage of water.
The other conditions are three copies of the maps and designs of the unit, the installed capacity of the unit and its present output, the requirement of water usage by the unit, the documentary proof of ownership of the land or lease hold rights over such land, the agreement executed with the government in case of holding the land on lease basis, the period and modalities for the return of the project to the state and the MoU executed by the user with the Government.
The NHPC general manager C B Singh vide letter number NH/SPS/GMO/DB-6/2011/2486-88 dated 07-06-2011 wrote to the state government that “the Government of India being sovereign authority execution of legal documents for transfer of the Salal Project, already belonging to GoI, to NHPC is not considered necessary as the company is wholly owned by the GoI itself.”
In response, the J&K government vide letter no PW/Hyd/Adm/20/2011 dated June 29, 2011 wrote to the general manager Salal Hydroelectric Jyotipuram, Reasi that the sovereignty of the country is unquestionable. “(But) the transfer of immovable property in the state is regulated by the J&K Transfer of Property Act 1977, Article 35 A of Constitution of India as applicable to the state of J&K has given constitutional protection to the state law relating to restriction on transfer of land,” it reads.
However, the NHPC replied on 19-08-2011 that Salal Project was one of the oldest power stations started in early seventies by the Government of India. “No such agreement with state government regarding sharing of power/return of the project is traceable at the present,” it reads.
“It is also presumed that based in records available with the state government, exemption of certain instruments from restriction imposed on transfer of immovable property i.e transfer of Property Act 1977, section 140 (d) has allowed transfer of immovable property situated in district Udhampur acquired or requisitioned on behalf and at the expense of he union, in favour of NHPC for construction, commissioning, running and maintenance of the Salal project,” it adds.
The NHPC in the communication has asked the state authorities to issue necessary instructions to concerned authorities for transfer of land in the name of NHPC for the purpose of issuance of license as per clause 51 (a) of the J&K Water Resources (R&M) Rules, 2011.
The J&K government on 15 September 2011, vide letter number PW/Hyd/20/2011 wrote to the NHPC authorities that as already made amply clear the transfer of immoveable property including land in favour of department or organization of GoI is valid only if it is made in accordance with the provisions of the Article 256 (2) of Constitution of India as applicable to the State.
“Since GoI itself isn’t a lessee for the said land so any further transfer of such land is invalid as per the State’s transfer of the property act,” the letter reads.
Sources told KNS the state government has asked the NHPC to furnish the information as already sought vide letter dated 29-06-2011 and expedite the process with concerned quarter so that the government can issue the license to the NHPC.
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