ASHTECH (INDIA) (P) LTD Vs. INDIA CEMENTS LTD

JUDGEMENT

(1.) The petitioner in the first two writ petitions in W. P. Nos.23422 and 23734 of 2006 are cement companies and the petitioner in the third writ petition in W. P. No.24322 of 2006 is a Company engaged in installation and collection of fly ash collection system. In all the three writ petitions, the orders of the first respondent reducing the percentage of collection of fly ash allotted to the respective petitioners by the impugned orders are assailed. Except minor variations in respect of the period for which and the percentage of fly ash they were allowed to collect originally and the reduction in percentage by reason of the impugned orders, in all other respects, the facts are one and the same. As the grounds of attack, the arguments advanced to assail the orders and the defence put forth to sustain the impugned orders are one and the same, all the writ petitions are taken up together for disposal. For the sake of narration of facts, the first of the writ petition in W. P. No.23422 of 2006 is taken up as a typical case.

(2.) The facts of the case as culled out from the pleadings are as follows: the petitioner in the course of their business entered into a memorandum of understanding (hereinafter called "mou" for brevity) with the respondent Electricity Board on 15.5.2002 for collection of fly ash generated by Mettur Thermal Power Station at Mettur dam. The material terms and conditions of the Memorandum of Understanding are to the following effect:

(3.) The petitioner, pursuant to the memorandum of understanding, invested huge sum of more than Rs.4 crores and put up necessary collection system in the allotted units to collect fly ash. From the date of commission of the system, they have been strictly adhering to the terms of the memorandum of understanding and collecting fly ash. The proportionate electricity, water and other charges payable for collection of 80 percent of the fly ash was also being paid promptly. The collection of fly ash from time to time has been recorded and communicated by the respondent to the petitioner on monthly basis from the date of commencement till date. The petitioner has also been supplying a portion of the fly ash collected by it to some other cement companies owned by the Government of Tamil Nadu.