The Himachal Pradesh High Court connected Monday ordered the attachment of Himachal Bhawan, the state’s premier guesthouse astatine 27 Sikandra Road successful New Delhi, for imaginable auction implicit unpaid dues to Seli Hydro Electric Power Company.
Justice Ajay Mohan Goel directed the main caput of the multi-purpose projects and powerfulness departments to behaviour a factual enquiry to place which circumstantial officer(s) were liable for failing to deposit the arbitration grant magnitude of Rs 64 crore on with 7 per cent involvement successful court.
The tribunal emphasised that determining accountability was essential, arsenic the involvement magnitude would beryllium recovered personally from the blameworthy officers and employees. The tribunal ordered that the enquiry beryllium completed wrong 15 days and that the study beryllium submitted during the adjacent hearing, scheduled for December 6.
The two-page bid stated, “Therefore, for the intent of executing the grant successful question, this tribunal orders the attachment of Himachal Bhawan, 27 Sikandra Road, Mandi House, New Delhi, and the execution petitioner whitethorn instrumentality due steps for its auction.”
Advocates Viplav Sharma and Anirudh Sharma represented petitioner Seli Hydro Electric Power Company, portion Additional Advocate General Pushpender Jaswal appeared connected behalf of Himachal Pradesh.
Arbitration aft powerfulness task fails to footwear off
In 2009, the Himachal Pradesh authorities allotted a 320 MW powerfulness task to Seli Hydro Company successful the Lahaul and Spiti district. The Border Roads Organisation was deployed to assistance with the required roadworthy construction. According to the agreement, the authorities authorities was to supply basal facilities for the hydro institution to commencement the task connected time, but this did not occur.
As a result, the institution filed a writ petition successful the precocious tribunal successful 2017. The company’s lawyer argued that the deficiency of facilities forced the institution to wantonness the task and instrumentality it to the government. Subsequently, the authorities seized the upfront premium.
After proceeding some parties, the tribunal connected January 13, 2023, ordered the authorities to instrumentality the Rs 64 crore upfront premium to the company. However, the authorities filed a letters patent entreaty (an entreaty made to different seat successful the aforesaid precocious tribunal against a determination made by a azygous judge).
However, a part seat stayed the order, conditional upon the respondents depositing the arbitration magnitude successful court. When the respondents failed to deposit the amount, the part seat lifted the enactment connected July 15, 2024, upholding the single-judge bench’s decision.
Considering these facts, the tribunal stated that since nary interim bid favoured the state, implementing the arbitration grant was essential. The tribunal said the authorities delayed depositing the grant magnitude was accruing regular interest, which indispensable beryllium paid from the nationalist treasury.
BJP blames Congress govt
Opposition BJP leaders, including Leader of Opposition (LoP) and erstwhile main curate Jairam Thakur, criticised the Sukhvinder Singh Sukhu-led Congress government, accusing it of failing to support the interests and spot of Himachal Pradesh.
Opposition leaders besides questioned the ratio of the state’s instrumentality department, alleging that it failed to efficaciously contiguous Himachal Pradesh’s lawsuit successful court. Thakur said, “It is simply a atrocious authorities of affairs successful Himachal Pradesh. The authorities has failed to support the interests of the radical of our state. Himachal Bhawan successful Delhi is the pridefulness of each Himachali. The Himachal Bhawan successful Delhi is different location for each idiosyncratic successful the authorities who goes to the nationalist capital. I fearfulness that if the concern continues, our authorities secretariat, Vidhan Sabha building, etc., successful Shimla volition besides beryllium attached by the courts successful assorted matters successful the coming days.”
Speaking to reporters successful Shimla connected Tuesday, Chief Minister Sukhvinder Singh Sukhu said helium had not yet reviewed the precocious tribunal order, “The upfront premium is governed by a policy… In 2006, erstwhile the vigor argumentation was formed, I was 1 of the architects of this policy…”
He added, “We had acceptable a reserve terms per megawatt connected which companies bid. Arbitration decided the substance of the upfront premium, and our authorities challenged the arbitration bid successful the precocious court. As per the order, the authorities had to deposit Rs 64 crore arsenic portion of the Arbitration.”