WATER CESS CLAIM OF THE STATE GOVERNMENT OF HIMACHAL PRADESH IS PREFIXED UNDER THE PROVISIONS MADE BY MAINTENANCE DUTY AND CONTROL OF SAID WATER FOR USE OF THE OTHER STATES, WHICH COULD NOT BE DENIED UNDER LAW CODE MANUAL.

The state Government of Himachal Pradesh is demanding water cess from the private sector management and organisation working for the hydro power electric generation system for creating development infrastructure for the safeguard of National interests. The some of the companies which are working for this programme named NTPC, BBMB, NHPC and SJVNL are working against the water cess accord and approaching the court for denial of such cess even though some hilly states are already charging this cess on the water, released after the electric generation from the system of production for electricity through hydro power generation and stating before the courts of law that they are already supplying free electricity to the state government up to fifteen percent of the total generation and there is no further justification of any more charges like water cess etc etc. As for as the water cess is concerned it is demanded by the state government to maintain the river maintenance system of banking and flood protection, enhancing plantation to protect hill profiles and management regulation after discharge of the water from project control of the system for service and further use and discharge with proper alignment of the subsidiary control near the residential areas living around the river embankments. The said maintenance is annually required for which hilly states are facing various problems and it is the duty and responsibility of the state government to protect the safety measures in the interest of general public where water cess is the only way to regulate the system of this evaluation and there is no logic to deny said duty under law code manual prefixed by the state government however the Punjab Government is responsible to protect the safeguard of the hilly state and accept the genuine claim of the Himachal Pradesh Government.

THERE IS NO DISPUTE IN THE EXISTING DEMAND OF WATER CESS, CREATED BY THE HIMACHAL PRADESH GOVERNMENT FOR BONDING SOCIAL SECURITY AND SERVICE FOR THE NATURAL FLOW OF DAMAGING WATER, AFFECTING ADVERSE DURING THE RAINS AND FLOODS.

The issue of water cess by state government of Himachal Pradesh is a review confirmation of the same Act, earlier passed by the Uttrakhand state government in 2013 and the Jammu and Kashmir in 2010 and the said ordinance don't infringe on any costal rights of the state of Punjab . The BBMB was set up by the ministry of power in accordance with the provisions of the Punjab reorganization Act, 1966 to administer, maintain and operate the Bhakhra Nangal Project, which is a joint venture and undertaking of, Rajasthan, Punjab, Haryana Himachal Pradesh, Delhi and Chandigarh. The management of BBMB is not controlled by Punjab and Haryana alone and the burden of the water cess on the projects of BBMB will be distributed equally among the five states including the Himachal Pradesh. More over the banks of the river Satluj are affecting adverse against the natural flow of water during raining season and floods for which the state government is maintaining the environmental excuse and impact of the water flowing through the natural river and people residing along the banks are facing many problems due to floods and other impact pressure on the life and liberty of human and the animals like soil erosion and land slides, occuring every year during the rainy season for which the state government of Himachal Pradesh is bound to attend the remedial course of action plan accordingly, every year, more over the water flowing from the Bhakhra dam to Punjab, Haryana, Delhi, Rajasthan and union territory Chandigarh is being used by their neighbouring states for the people welfare where as the Nangal dam is controlled by the BBMB for further course of action under the programme of distribution of water for Agriculture purposes and there is no violation of any Act to impose the water cess which has been passed away from the Nangal dam to jurisdiction of other states and for which the BBMB is responsible to account for the duty demanded by the state government of Himachal Pradesh as facing the natural river right from Kinnaur to Bhakhra Dam. As such there is no logic to deny the water cess imposed by the state government of Himachal Pradesh in lieu of maintaining the natural river and after affects so damaging the environmental behavior of the surroundings of the people living along the river banking and facing problems due to bad weather and floods etc etc as responsible to maintain their soil culture which is not maintained by the government infrastructure and bonding for the permanent restructure of the hill profiles taking land slides easily during the rains and disturbing their day to day life and liberty for which their neighbouring states must help their maintenance, without any hesitation of argument and denial for the water proposed for the welfare of society and circle covered in the area of surrounding of the River Satluj, right from Kinnaur to Bhakhra dam.

PEOPLE RESIDING NEAR THE HYDEL PROJECTS MAINTAINED BY THE VARIOUS COMPANIES AND ORGANISATIONS ARE FACING ACUTE PROBLEMS AND THE DECISION OF THE STATE GOVERNMENT IS VERY GENUINE TO HAVE WATER CESS ON THE HYDEL PROJECTS.

The state government of Himachal Pradesh has recently passed a bill of water cess on the hydel projects on March 16 this year which is not acceptable to the private companies and the other state governments dealing with the system of supply of hydro power generation and the bill will apply to the current hydro electric power projects and the future generation of the power programmes. Now it has been challenged before the honourable High court of Himachal Pradesh by Nanti hydro power generation and notice has been issued to the state and the center government where in the company challenging the water cess on hydel projects has stated that it would suffer irreparable loss if it is not stayed and argued that the water cess would make the project unviable and force it to be closed.The center government is responsible to review its decision as taken against the water cess under entry by the GOI as not allowing the states to levy any tax on water .In this connection it is necessary to protect the fundamental rights of the citizens of state residing sorroundings of the such projects and the lakes maintained by the area organisations particularly the people of Bilaspur Himachal Pradesh are facing acute problem near the Bhakhra Dam and the Kol dam projects damaging the land and green field belt of the hills covered by the lakes of the both dams however neither the Bhakhra Dam authorities nor the Koldam management taking any cognizance of the envoirmental improvement and restructuring of the damages occured during the rainy season and destroying the plantation cover of the forests and cultivation made for the welfare of society and circle,more over there is a danger of life and liberty to human and pet animals residing sorroundings of the lakes going up and down due to water increase and reduction of the level protected by the management system of generation responsible for the protection of the land damages and life and liberty of the human and pet animals on the basis of which the people of Society and circle are going to get their life secured and agriculture developed .Under these conditions and circumstances of the people of Society and circle it is necessary to protect the fundamental rights of the society and circle and remove their genuine problems in the interest of justice and transparency in administration for which the government has provided water cess on the power hydel projects more over the dispute between the BBMB and the state government of Himachal Pradesh yet pending for finalisation over many years and the GOI taking no cognizance on the captioned subject matter deliberation required to be maintained by the Constitution of India as facing problems due to such construction of the power projects and uses of the infrastructure development programmes through transformation of the power line system of supply and distribution to the other ends and the states imposing this duty of the state government of Himachal Pradesh. :-- Er Fateh Chand Guleria, Director RTI welfare Association Registered number HPCD 3552 , Bilaspur Himachal Pradesh.