DILEEP KUMAR SINGH BISHT Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) ELECTRICITY Act, 2003, enacted on 26th May, 2003, while encouraged private sector participation in generation, transmission and distribution of electricity, obliged the Government of India to come up with a national electricity policy. On 12th May, 2005, Government of India came up with a policy and, thereby, amongst others, emphasized on addition to generation capacity. The policy emphasized on hydro -generation and mentioned that harnessing of hydro potential facilities would bring in economic development of States, including the State of Uttarakhand. It estimated an investment of Rs. 9 lac crores and felt a sizeable part thereof needs to be brought from private sector.

(2.) ON 29th January, 2008, Government of Uttarakhand came up with a policy for addition to the generation capacity through renewable energy sources, including hydro -generation, through private participation. The policy indicated that developers may identify projects, prepare Detailed Project Report (hereinafter referred to as "DPR") and ask for allotment. Alternatively, the State or State sponsored agencies may identify projects of any size, prepare DPR and allot on the basis of open competitive bidding. On 25th July, 2008, State Government, through Uttarakhand Jal Vidyut Nigam Ltd. (hereinafter referred to as "UJVNL"), issued an advertisement inviting applications for allotment of self -identified projects. A brochure was also published. The last date of responding to the said advertisement was 27th December, 2008. 736 applications were received in relation to hydro projects in response to the said advertisement. Applicants deposited the amount of money they were required to deposit upfront in terms of the advertisement read with the brochure. 56 of those applications were approved. These applicants, with the exception of 7 applicants, deposited security money and other sums as were required to be deposited. Subsequent thereto, on 19th February, 2010, a list of 56 allottees and the projects allotted to them was published. On the same date, Government invited objections against acceptance of those 56 applications. 20th March, 2010 was the last date of receipt of such objections. Within that period, Government received 22 objections from unsuccessful applicants and 19 objections from political parties.

(3.) ON 27th September, 2010, the present Public Interest Litigation (hereinafter referred to as the "PIL") was filed. In the PIL, it was principally highlighted: