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| ‘Exploitation’ of J&K’s resources by NHPC | | Qalandar demands discussion in Assembly | | EARLY TIMES REPORT
Srinagar, Sept 26: The Civil Society group led by former KCCI president Shakeel Qalandar Monday asked the government to discuss important issue related to alleged exploitation of resources of Jammu and Kashmir by the NHPC, in the current Assembly session.
Giving background of the issue, he said, “We had filed a PIL in High Court for seeking information about the power projects entrusted to NHPC by the state government from time to time. While disposing off the petition, the HC had directed us to seek such information from relevant quarters under RTI Act.”
Qalandar told KNS that in response to the application made to the Union Power Ministry, the ministry forwarded the same to NHPC on 12th of August with the direction to provide information. “The NHPC vide their letter NH/RTI/281/2011/1077 dated 13.09.2011 raised an objection for supply of information/documents in view of less payment of Rs.4.00 made by us. The additional payment was immediately made to the organization but till date no reply/documents have been received from them,” he said.
However, he said they have received a reply from state government under the RTI Act.
“The stand of J&K government for entrusting the power projects of the state to the central government has been formulated and approved by the cabinet vide its decision number 328 of 21/6/1975 and communicated to the ministry of energy government of India void letter number PD/IV/243/72 dated 21-7-1975/ The sharing of the benefits from Salal hydel project between J&K government and GoI have been decided in the above cabinet decision. However all the provisions which were decided by the cabinet have been violated in utter disregard to the Electricity Act of the J&K state,” Qalandar said.
He said that according to condition A J&K government was responsible for execution and management of the project during construction which was not done.
“According to condition B it was approved by the cabinet that 50% of power generated will be made available to J&K state at generation cost. The power requirement of the state will be reviewed after every five years. Against this the state is getting only 22.4% of the energy from the Salal HEP and 12% free power in breach of the above condition,” he revealed.
The former KCCI president said that according to condition D the project was to be reverted back to the state after suitable on payment of depreciated cost in accordance with J&K electricity act 1971. “This condition is not being adhered to even after recovering the entire cost of the project by NHPC.”
“Condition E was that in view of submission made at condition b selling of any surplus power by J&K government out of its 50% share does not arise the profit earned from the sale of balanced 50% power between the state and the GOI equally has not been implemented at all,” he told KNS.
Qalandar said that in light of provision of laws of J&K state the application for grant of permission from J&K government was sought by GoI and not by NHPC and the state government had laid down the conditions for grant of permission/license for establishing the Salal. “The GoI didn’t respond to the cabinet memo of 1975 and went ahead with the construction of the project by flouting the J&K electricity act, so under section 4 of the electricity act any sanction or decision should have been revoked forthwith,” he informed.
Qalandar said that the GoI and NHPC have undertaken construction/ commissioning of Salal without entering into any agreement executed between the GoI and the state government. “The land for the project has been acquired by J&K government at the expense of GoI. Since under Section 256 (2) of the constitution of India as applicable to J&K no land can be transferred to GoI till agreement was signed between GoI and state government till 1985 the cabinet decision number 328 of 21/6/1975 seems to have been shelved and the authority by virtue of which NHPC was going ahead with the construction of the project since 1975 in utter disregard to section 28 of the J&K Electricity act 1987 and under section 3 of the act the executing agency which is now NHPC had to apply a fresh for a grant of license under the Electricity Act SVT,” he said.
“No such notification has been published and objections therefore could not be received by J&K to grant permission or valid license. The transfer of the project by GoI to NHPC was without any authority even GoI had no locus standi to entrust the job of execution to NHPC and transferring the assets and liabilities to the NHPC without any consent from J&K Govt,” he added.
The former KCCI president alleged that the J&K government while signing the MoUs with the government of India while transferring more projects to NHPC for execution expressed callous and casual approach in surrendering the resources of the state against the public interest to NHPC.
He said it was an awkward situation that J&K government was considering the request of power grid for taking over the 220 KV existing transmission line from J&K Govt. “It will be necessary to highlight that this transmission line has been constructed by J&K government on its own expenses in 1993 -94 to avail power availability for Kashmir valley from different sources to meet the acute shortage of power for the valley which has undergone a terrible unrest in 90’s. Earlier in 1985 on the request of NHPC the execution of this line was transferred to NHPC on the directives of the J&K government at a stage when the states had already completed survey and tower locations and were ready to allot the contract from laying of this transmission line in order to meet the requirements of the valley,” he added.
Demanding a discussion over the issue in the Assembly, Qalandar demanded that the Chief Minister should make a statement on it. (KNS)
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