B L WADHERA Vs. UNION OF INDIA

JUDGEMENT

(1.) Non-user of the Refuse Incinerator-cum-Power Generation Plant (hereinafter called 'the plant' in short) which was imported at a cost of Rs.20 crores from a Danish supplier is the subject matter of this writ petition which is in the nature of Public Interest Litigation.

(2.) The supply of the said plant was to enable the State to generate electric energy from garbage. The Ministry could not enter into any understanding with the Municipal Corporation of Delhi/Delhi Vidyut Board for the said purpose. Allegedly, no demonstration was given by the said Danish supplier as regards its successful operation. Disputes and differences having arisen between the Central Government and the said Danish supplier, the matter was referred to arbitration in London. The London Arbitration Tribunal gave its award in 1993 against the Ministry of Non-Conventional Energy Sources and in favour of the said Danish supplier. In the year 1999, the Ministry initiated fresh attempts through issue of global advertisement for identifying new entrepreneur to make the plant operational. The result of the said effort, however, is not known. In the meanwhile, towards maintenance of plant, a sum of Rs. 1 crore was expended till March 1988 whereafter the Ministry stopped providing funds. Despite the same, Delhi Vidyut Board continued to maintain the plant and spent about a sum of Rs,33 lakhs. The Ministry also paid a sum of Rs.25.49 lakhs. From the afore-mentioned, the petitioner has contended:

(3.) In the counter-affidavit of respondent No.4, the afore-mentioned fact is not disputed.