SC settles 60-yr Bhakra & Beas dispute between Punjab, Haryana and HP

NEW DELHI: SC Friday approved a cashless settlement chaperoned by attorney general R Venkataramani of a 60-year-old dispute between three states over sharing of electricity generated by Bhakra-Nangal and Beas power projects, and directed Punjab and Haryana to supply 598 million units every year, during Oct-March, to Himachal Pradesh for the next 20 years.

Giving effect to a 2011 SC decree in favour of Himachal, the court expressed concern the state had still not received the benefits of a case it filed in 1996, even after 15 years. A bench of CJI Surya Kant and Justices Joymalya Bagchi and V Mohana said, "As a matter of abundant concern, we must express in no uncertain terms to all stakeholders concerned that the directions issued by this court are binding and are required to be acted upon without reservation." The expectation of decree, having remained pending for several decades, cannot be rendered fruitless by reason of the unwillingness or recalcitrance of a judgement debtor (Punjab and Haryana)," the bench said, adding that the total energy arrears of approximately 11,973 million units are to be supplied to Himachal over the next 20 years.

The court also directed that Himachal's liability towards the project cost be adjusted against its pending power share dues. After the adjustment, its entitlement was fixed at 11,973 million units over 20 years, compared with around 13,000 million units before the deduction.

On Sept 27, 2011, SC had decreed the suit in favour of Himachal by ruling, "It is hereby declared that the plaintiff-state is entitled to 7.19% 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." The decree had remained on paper till date.