On April 20, 2006, the Indian Commissioner informed PCIW that KHEP
had been re-configured as run-of-river plant falling under Article III (2)(d) and Annexure D and that proposal for reference of dispute would no longer be relevant.
However, it failed to get stay against India's KHEP
construction, Dunya News reports.
If successfully implemented by India, the KHEP
, initiated in 2007, will result in a shortfall of about 21 per cent of Neelum's inflow for the NHJEP, which would reduce the project's energy generation by 10 per cent.
Another senior official of Punjab Agriculture Department (PAD) informed while expressing his expert views about this particular case, said that the legal team of Pakistan heading by Shumaila Mehmood Khan failed to defend the basic point of Pakistan about the illegality of construction of KHEP
by India under the light of Indus Water Treaty 1960, which was set aside by PCA during the initial hearings.
In its application, Pakistan had sought: a) A stop work Order; b) An Order that any steps India has taken or may take in respect of the KHEP
(Kishanganga Hydro Electric Project) are taken at its own risk without prejudice to the possibility that the Court may order that the works may not be continued, be modified or dismantled; c) That India be Ordered to inform the Court and Pakistan of any imminent and actual developments on the Kishanganga Dam that may adversely affect the restoring of the status quo ante or that may jeopardize Pakistans rights and interests under the Treaty; d) Any further relief the Court considered necessary.