LPA--35/2013. Case: ISNI ELECTRIC POWER COMPANY PVT. LTD. Vs. UNION OF INDIA & ORS.. High Court of Delhi (India)

Case NumberLPA--35/2013
Judgement DateDecember 10, 2019
CourtHigh Court of Delhi (India)



Reserved on: 28th November, 2019 Pronounced on: 10th December, 2019 LPA 35/2013 & CM APPL. 614/2013 (stay)


Through: Mr. Purushaindra Kaurav,

Advocate with Mr. Sunny Chaudhary, and Ms. Anuradha Advocates.


UNION OF INDIA & ORS. ..... Respondents

Through: Mr. Jasmeet Singh, CGSC for with Mr. Srivats Kaushal and Tejaswini, Advocates.



J U D G M E N T %

Dr. S. Muralidhar, J. :

  1. The present appeal is directed against an order dated 21st

    2011, passed by the learned Single Judge, dismissing the Appellant‟s petition being W.P.(C) No.174/2010. The present appeal also challenges subsequent order dated 5th October, 2012 passed by the learned Judge, dismissing the Appellant‟s Review Petition No.49/2011.

  2. The background facts are that the Appellant is a private limited with its registered office in New Delhi. It has been promoted by M/s

    LPA 35/2013 Page

    International Company ET, Atlanta in the US. The Appellant proposed to set up a 4000 Mega Watt („MW‟) Thermal Power Plan („TPP‟) in two phases a Chitrangi, District Singrauli, in Madhya Pradesh („MP‟) through foreign investment. It is stated that the proposed project was an „interproject. The TPP was expected to be set up in the 11th plan at the a coalmine. According to the Appellant, it obtained various approvals permissions, including approval from the Ministry of Environment Forests („MoEF‟) and the Central Water Commission („CWC‟).

  3. It was contended in the aforementioned W.P.(C) No.174/2010 filed in this Court by the Appellant that the Ministry of Power („MoP‟), Government India by an order dated 20th November, 2003, granted in-principle linkage for the project of the Appellant. As per the said order, the coal to be made available from the Moher Block, which was to be opened annual capacity of 10 metric tons („MT‟) of coal. The coal quantity linked to the proposed project, was 9 MT per annum.

  4. The Appellant claims that on account of the difficulties created Government of Uttar Pradesh („UP‟), the power project, originally be located in UP, was later relocated under the policies and guidelines of the Ministry of Coal („MoC‟) at Chitrangi in MP.

  5. By a letter dated 10th July, 2006, the Appellant requested the MoP extension of time for execution of the Fuel Supply Agreement („FSA‟). MoP, in turn, called upon the Appellant to take appropriate action within six months for firming up the project and in achieving financial closure.

    LPA 35/2013 Page

  6. According to the Appellant, as per the coal linkage order dated November 2003, a fuel supply agreement was to be concluded within 2 years with the supplier namely Northern Coalfields Limited („NCL‟), a of the Coal India Limited („CIL‟).

  7. On 23rd July, 2007, NCL issued a letter informing the Appellant amendment substituted by the Appellant in the draft of the Fuel agreement was not acceptable to CIL/NCL.

  8. On 2nd August, 2007, the Standing Linkage...

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