Agreement for Raising of the Mangla Dam

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Agreement for Raising of the Mangla Dam

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ISLAMABAD, Jun27-Chairman WAPDA Lt.General (Retd) Zulfiqar Ali Khan, Secretary Water & Power, Saeed Ullah Jan, and Chief Secretary AJK Shahid Rafiq signing on the documents of an agreement for raising of Mangala Dam during a signing ceremony in Islamabad. Prime Minister of Azad Kashmir, Sardar Sikandar Hayyat Khan & Aftab Ahmed Khan Sherpao, Federal Minister for Water & Power witness on the occasion

 

This Agreement is made at Islamabad on the 27th day of June, 2003 among the Ministry of Water & Power, Government of the Islamic Republic of Pakistan (here in after referred to as “the Ministry”, which expression shall include legal representatives and assignees) of the First Part,

The Azad Government of the State of Jammu and Kashmir (hereinafter referred to as “the Government”, which expression shall include the legal representatives and assignees) of the Second Part,

AND

The Water and Power Development Authority, a body corporate established under the Pakistan Water and Power Development Authority Act,1958 (W.P. Act XXXI of 1958)(hereinafter referred to as “the WAPDA”, which expression shall include successors-in- interest and legal representatives) of the Third Part.

            WHEREAS, the Government of Pakistan felt the necessity of raising the height of Mangla Dam to save and utilize the available water and to further utilize the hydro power potential which would result in displacement of people living in Mirpur District of the Azad Government of the State of Jammu and Kashmir and submergence of their properties;

            WHEREAS, the Azad Government of the State of Jammu and Kashmir, having the support and consensus of the people of the state in general and those to be displaced in particular, agreed that the Mangla Dam raising project hereinafter referred to as “the Project”) may be executed for the well being and prosperity of the people of Pakistan and the AJK.

            AND WHEREAS, negotiations were held between the Government of Pakistan and the Azad Government of the State of Jammu and Kashmir in which both the parties agreed on terms and conditions which were drawn before the inauguration of the Project and are being made part of this Agreement;

            NOW, THEREFORE, this Agreement has been signed among the Parties mentioned here in before.


Clause 1:        Scope:

 

1.1)            The height of the Mangla Dam under the Project shall be raised by 30 feet.

 

Clause 2:        Old Affectees:

 

2.1)            The old affectees of Mangla Dam comprising 7707 families and having land holding of half an acre or more per family, shall be compensated at the rate of RS.2,00,000/- (two hundred thousand) per family after verification of their exact number. The claim of WAPDA that 4481 families had given an undertaking that they did not require land will be verified by a joint committee of the Government and WAPDA already set up. The 6126 families who owned less than half an acre land shall not be further compensated as they have already been fully compensated.

 

2.2)            The ministry shall help in ensuring that governments of thePunjab and Sindh will grant proprietary rights to the 562 families who have not yet been given proprietary rights to their land and allotment of residential plot to 2799 families subject to verification by the Government of the authenticity of power of attorney of the affectees.

 

 

Clause 3:  Acquisition of land and built up property:

 

3.1)            The Government shall make available land required for the raising of Mangla Dam for perpetual use by the Ministry for the said purpose, subject to the condition that the Government shall retain proprietary rights over such land.

 

3.2)            The WAPDA shall pay land compensation the the new affectees at the market rate plus 15% compulsory acquisition charges in accordance with Land Acquisition Act, 1894(Act NO.1 of 1894) as enforced in the territory of the Azad Government of the State of Jammu and Kashmir.

 

3.3)            The WAPDA shall play market price (replacement cost) to the owners of the houses and additional 10% shall be given above the price. The affectees shall also be allowed to carry the ‘malba” of the houses. The refugees of IOK settled on the AJK and WAPDA lands shall be paid minimum Rupees three lacs per family plus five marla plot free of cost. Those refugees of IOK who are living on their own land, shall be paid compensation as paid the other affectees and shall also be entitled to plots between five marlas and one kanal on payment of cost of land and the development charges shall be borne by the WAPDA, the AJK affectees including those occupying WAPODA/Government lands will also be paid minimum compensation for a house @ $s.3 lacs and shall also be entitled to plot of five marlas to one kanal on payment of cost of land. The development charges shall, however, be borne by WAPDA..

Clause 4: Package for new affectees:

4.1)            The WAPDA shall build one city near Mirpur and 4 towns as close as possible to the affected area. The WAPDA will provide the required facilities/infrastructure. The Government shall make state land available to the WAPDA on payment at site-II fornew city. A part of site-II is under the use of the Army as grassland. The Government shall offer to the Army alternate land for use as grassland at site-I. The Minister for Kashmir Affairs and Northern Areas and States and Frontier Regions, Government of Pakistan will co-ordinate with the Government and the Army for relocating the Army grassland from site-II to site-I.

       4.2)            The Ministry shall establish a major vocational training institute at Mirpur. In addition, four new male vocational training centers will be established in the proposed townships, and existing four centers for females will be strengthened. In addition, the WAPDA will take steps for imparting skills in other fields.
4.3)            The compensation package shall be implemented by a Committee under the Ministry of KANA, which shall comprise of representatives of the Government, the Ministry and the WAPDA.

 

Clause 5: Power Sector:

5.1)            The WAPDA shall drop its claim of outstanding liability of Rs. 0.9 billion against the Government. Similarly the Government shall also drop its claim with regard to any reimbursements from the WAPDA. The AJK Council shall drop its claim o9f re-imbursement against the Government for the amount of Rs.1.4 billion already paid to the WAPDA by the Council as ordered by the competent authority vide C.E. Secretariat U.O. No. 1313/DS(C-2/2000,dated 29-6-2000.
5.2) 

a)  At present the Government of Pakistan has fixed the rate at Rs. 4.20/KWH for the AJ&K. The WAPDA shall bear Rs. 0.71 on the basis of 17% losses. The Government shall pay Rs. 2.44 and the Ministry shall pick up Rs. 1.05 as subsidy. In case of budgetary constraints of the Government, the Ministry shall pick up the additional liability of Rs. 0.12. This rate shall be deemed to have become effective from September, 2002 and shall be frozen till September, 2003.
b)  The future power tariff(beyond September 2003) for Azad Jammu & Kashmir shall be fixed by Government of Pakistan on the recommendation of a standing sub-committee already notified by the Ministry of KANA & SAFRON vide Notification No.F.3/10/92-F&B dated 6th June, 2003, copy of which is appended to this Agreement.
5.3)            The Ministry shall ensure that the CBR does not levy the GST on electricity generated in and supplied to the AJ&K since the GST is applicable in Pakistan and the AJ&K already charges GST through their Tax Department. All rules prescribed by the Government of Pakistan with respect to the GST would be applicable to the Government.
5.4)            The responsibility of distribution of electricity may be withdrawn from the Government and assigned to the AJ&K Council or any other relevant organization. A study in this respect will be made by the Ministry of KANA & SAFRON/AJK Council and the Government.
5.5)            The WAPDA shall construct five grid stations along with associated transmission lines, as included in the WAPDA five year plan 2002-07. It shall also construct an additional new grid station at Chittarpari.
5.6)            The Government will get net hydel profit/water usage charges royalty) from the Mangla Dam with effect from the entry into force of this Agreement @ Rs. 0.15 per KWH as per the policy laid down.

 

Clause 6: Allied matters:

 6.1)            The WAPDA shall construct a bridge at Dhangali. The construction of another bridge(Mirpur to Islam Garrh) shall be taken up by the Ministry of KANA & SAFRON, Government of Pakistan  and the Ministry of Finance and Revenue, Government of Pakistan shall provide fund under PSDP.

  6.2)            The WAPDA shall cater for the drawing of drinking water from the lake. The Government’s requirement of water for irrigation purposes shall be taken up with IRSA. The Ministry of KANA and SAFRON, Government of Pakistan shall represent the “Government” at IRSA.

6.3)            Fishing rights will be given to the Government. The tender for fishing shall be floated on allPakistan basis.

6.4)            The “Government” shall be responsible for maintaining recreation facilities in the Mangla Dam reservoir.

6.5)            Fallowing works shall be undertaken as part of the Project:-

a) Construction of land links for Kharak and Pinyam(Chohan) disconnected by the Project;

b)  Provision of water supply and sewerage to Mirpur city and four hamlets from PSDP;

c) Establishment of Resettlement Organization as approved by the Steering Committee notified vide the Ministry’s letter No.3(1)2002-AG dated 15th April, 2003 of the Project.

  6.6)            The former owners shall be permitted to cultivate the land on recession of water provided that no compensation shall be paid for damages due to fluctuation in reservoir water level.

 

Clause 7:  Arbitration:

7.1)            The Parties shall, while executing the Project, in case of any difference or dispute arising out of the application and/or interpretation of the Clauses hereinbefore, at the first instance settle by negotiations. If no settlement is arrived at, the matter shall be referred to arbitration of three arbitrators namely:-

·        One arbitrator to be nominated by the Ministry and the WAPDA in consultation with each other;

·        One arbitrator to be nominated by the Government; and

·        The Chief Justice ofPakistanor a person nominated by him, shall be the Chairman of the Arbitral Tribunal.

The award made by the Arbitral Tribunal shall be final and binding on the Parties.

 

Clause 8:  Entry into Force:

This Agreement shall enter into force on the date of signatures.

In  Witness Whereof,  the Parties aforementioned have signed this Agreement at the place and date above mentioned.

 

Ministry of Water & Power                       AJK Government                          WAPDA                             

 

About K4Kashmir

PROFILE OF Dr SHABIR CHOUDHRY Dr Shabir Choudhry was born in Nakker Shamali (near Panjeri) in District Bhimber, Azad Kashmir. He went to UK in 1966, and holds a dual nationality. Dr Shabir Choudhry has done extensive research on the issue of Kashmir and Indo Pakistan relations. He passed BA Honours in Politics and History, and Mphil in International Relations (title of the thesis, ‘Kashmir and Partition of India’); and title of his PhD thesis is ‘Kashmir- An issue of a nation not a dispute of a land’. Apart from this Dr Shabir Choudhry passed Post Graduates Certificates in Education, and NVQ Assessor’s qualifications; and taught English in London. Political Achievements Founder member of JKLF (Jammu Kashmir Liberation Front established in 1977) and got elected as a Press Secretary in 1984. • Became its Secretary General in 1985, and resigned from this post in 1996. • Got elected President of JKLF and Europe in May 1999, and decided not to contest in elections of July 2001. • Said good - bye to the JKLF as it is in many groups and is largely seen as advancing a Pakistani agenda on Kashmir dispute, and set up a new party Kashmir National Party in May 2008. . At present, he is: • Spokesman Kashmir National Party and Director Diplomatic Committee; • Founder member and Director Institute of Kashmir Affairs; Previously • A founder Member and Trustee/ Director of London based registered charity, Kashmir Foundation International and resigned from this position in August 2001. • Regularly take part in the Sessions of the UN Human Rights (Commission) now Council in Geneva; and address various conferences and seminars to oppose violence and highlight the Kashmir cause. • Have addressed dozens of seminars and conferences in the British Parliament, European Parliament and other important capitals of the world on issue of Kashmir, violence and terrorism. • Addressed as a key note speaker in a Conference at New Delhi arranged by Jawahar Lal Nehru University. • Participated in a Round Table Conference on Kashmir, organised by Socialist Group of European Parliament in Brussels in 1993. • Addressed as a Chief Guest in a seminar on issue of Mangla Dam during the UN Sub Commission’s proceedings in August 2003. • Addressed as a key - note speaker in a seminar on the issue of Gilgit and Baltistan, organised by Association of British Kashmiris. • Addressed as a keynote speaker on human rights conference in Paris in 1991. • Addressed at Cambridge University as a Chief Guest in a conference on Kashmir in 1990. • Addressed as a keynote speaker at New Delhi conference on Kashmir, which was part of Track Two diplomacy in November 2000. • In September 2008, addressed a Conference arranged by Interfaith International in Geneva, topic of which was: “Kashmir Issue, Terrorism and Human Rights”. • Addressed as a speaker in a NGO Conference on Self - Determination in Geneva in August 2000. • Addressed as a keynote speaker in a fringe meeting of Liberal Democrats at their Annual Conference in Brighton in 1995. • Participated in World Human Rights Conference in Vienna in 1993. • Before President Clinton's visit to India and Pakistan in 2000, lead a JKLF delegation to the State Department to discuss Kashmir dispute and situation in South Asia. • Also had two rounds of meetings with senior State Department officials before President Musharraf’s meeting to Washington in June 2003. • Apart from that had meetings with senior officials including Ministers of different countries, and also held many meetings with the State Department and Foreign and Commonwealth Office officials on number of occasions. • Played important role in advancing a Kashmiri perspective on the issue of Jammu and Kashmir; and also helped Baroness Emma Nicholson with her report ‘Kashmir: present situation and future prospects’, which was adopted by the European Parliament in May 2007. • Won first prize in an essay competition in Urdu in 1976. It was organised by High Commission of Pakistan in London, and title of the essay was 'Qaaid-e- Azam's role in Islamic History'. • Apart from that have addressed conferences in Brussels, Geneva, Toronto, Islamabad, Delhi, and Publications • Got first Urdu novel ‘Fareena’ published at the age of eighteen. • Second Urdu novel ‘Bay-Khataa’ which was about the problems of Asian youths living in UK published in 1983. • Third Urdu book ‘Pakistan and Kashmiri struggle for independence’ published in 1990. • Fourth Urdu book is also on Kashmiri struggle, 'Is an independent Kashmir a conspiracy?' • Apart from that has twenty five books and booklets published in English on various aspects of the Kashmiri struggle. • Recent publications are: Kashmir dispute as I see it • Different perspective on Kashmir • JKLF visit to Pakistan Administered Kashmir • Kashmir Needs a Change of Heart • If not self - determination then what? • Emma Nicholson report- who has won? • Struggle for independence, Jihad or proxy war (Introduction by Baroness Emma Nicholson) • Why 22 October 1947 is important in Kashmiri history? • New dimensions of the Kashmiri struggle. The following books are published by a German company and available on www.amazon.co.uk • New Round of the 'Great Game', ISBN 978-3-639-33084-7 • Liberation Struggle, Jihad or a Proxy War, ISBN 978-3-639-33424-1 • Kashmir Dispute: New Dimensions and New Challenges ISBN 978-3-639-33566-8 • Kashmir Dispute and Peace in South Asia ISBN 978-3-639-33732-7 • Terrorism, Kashmir Dispute and Possible Solutions ISBN 978-3-639-34239-0 • Kashmir And The Partition of India, (my Mphil research) ISBN 978-3-639-34801-9 • Kashmir – an Issue of a Nation not Dispute of a Land, (my PhD research) 978-3-639-35593-2 • Are Kashmiris part of the Kashmir Dispute? 978-3-639-37225-0 • A brief background Dr Shabir Choudhry was born in a small village called Nakker Shamali (near Panjeri) in District Bhimber, Azad Kashmir. He went to UK in 1966, and like other people from the region, holds a dual nationality. He left secondary school in 1970 with no qualifications and began his life as a textile worker. In 1975 he started part time studies and passed Matriculation from Government High School Panjeri, passed ‘O’ and ‘A’ levels from UK, and resumed full time degree course in 1981, and passed BA (Hons) in Politics and History in 1984. He continued full time and part time jobs until he got his Mphil. He passed his PGCE (Post Graduates Certificate in Education) in 1990, and then started full time job as a Lecturer. Due to health problems he resigned from teaching in 1999. At present he is self - employed, provides private tuition, translation and interpretation and consultancy. Through out his adult life he has actively worked for the cause of Kashmir, and even during long illness he effectively carried out his responsibilities as a leader of the JKLF, a ‘prolific writer’ and consistent campaigner of Rights Movement and peace in Jammu and Kashmir and South Asia. Dr Shabir Choudhry Email:drshabirchoudhry@googlemail.com Telephone: 0044 (0)7790942471

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