Monday, November 18, 2013

High Court directs CS to allow project developer to argue in favour of scrapped hydel project

GANGTOK, 14 Nov: The division bench of Sikkim High Court has directed the State Government to afford an opportunity to Lachung Hydro Power Project Pvt Ltd to present its case in the 99 MW Lachung HEP which the government has scrapped. The Chief Secretary has been directed to hear the grievances of the power developer and pass fresh orders within a month.
The direction was passed after hearing the writ petition filed by the power developer challenging the order passed by the State Government without giving a chance to the project developers to present their case.
The Division Bench has directed Lachung Hydro Power Pvt Limited to approach the Chief Secretary on 18 November in person or through counsel to present their representative.
The Chief Secretary, who is also the state respondent, has been asked to hear the power project developers and pass an order within one month.
While passing the order on 11 November, the Division Bench further observed that it will be open for the Chief Secretary to consider the matter herself or to assign the matter for consideration before a committee consisting of Chief Secretary and Principal Chief Engineer-Cum-Secretary Energy and Power department or the Hydro Power Committee.
The Lachung Hydro Power Pvt Limited had approached the High Court through a writ challenging the cancellation of power project awarded to it.
The State government, in May last year had taken a policy decision to scrap 99 MW Bop HEP, 99 MW Bhimkang HEP, 99 MW Lachung HEP and 280 MW Lachen Teesta Stage-I HEP.
The bench headed by Acting Chief Justice, Narendra Jain and Justice SP Wangdi further observed that in case any adverse order is passed by the Chief Secretary or Committee constituted by her or Hydro Power Committee, it will be open for the petitioner to approach the High Court again and it will be open for the petitioner to raise all the contentions again in fresh petition, if it is needed, which has been taken in the present writ.

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