Share in hydropower projects: Uttarakhand to fight decisive battle against UP in Supreme Court

Since 2012, the Uttarakhand state government has been fighting for its share of power generated from THDC projects.
Supreme Court (Photo | EPS)
Supreme Court (Photo | EPS)

DEHRADUN: If all goes well, Uttarakhand's days are going to shine in the energy sector and the state will get a revenue of Rs 2000 crore annually from hydropower projects. The state government is all set to present its case in the Supreme Court with a strong front against Uttar Pradesh.

The state government is now in a mood to fight a battle with its strong side in the Supreme Court for a 25 per cent share in the power generated by THDC India Ltd, set up in Uttarakhand. The government has appointed former Attorney General Mukul Rohatgi to take its fight in the Supreme Court to a decisive juncture.

Since 2012, the state government has been fighting for its share of power generated from THDC projects. The Supreme Court ruled in favour of the state, but instead of accepting the decision of the apex court, the Uttar Pradesh government has filed a review petition.

According to State energy secretary R Meenakshi Sundaram, senior advocate Mukul Rohatgi, advocate Amit Anand Tiwari and other associates will strongly represent the state in the Supreme Court and if the verdict comes in the state's favour, it is estimated to generate an annual revenue of Rs 2,000 crore to the state.

Though the Supreme Court has already ruled in favour of the state, the Uttar Pradesh government has filed a review petition for a dilly-dallying strategy to unnecessarily extend the time. Therefore, the court process is getting longer.

Former chief secretary Subhash Kumar said if the state government strongly represented the matter in the court, the verdict was bound to come in its favour.

THDC is a joint venture in which the Centre holds 75 per cent and Uttar Pradesh 25 per cent. The state government argues that as per Section 47(3) of the Uttar Pradesh Reorganisation Act 2000, the rights of the state owning the property will also belong to the same state.

Legal experts are of the view that based on the capital investment made in the company till the date of bifurcation, it should be transferred from Uttar Pradesh to Uttarakhand, as it is headquartered in Uttarakhand, but the state did not receive a single penny from the project till date.

THDC India Limited has been allotted 10 hydropower projects in the state. Two of these projects are already generating power in Tehri dam and Koteshwar dam project.

In favour of its share, the state government argues that 70 per cent of THDC's projects have been set up in the state. The state is facing rehabilitation, law and order, the social and environmental challenges they pose, but is getting nothing in return.

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