LAWS(HPH)-2016-11-235

ALL HIMACHAL MICRO HYDEL (100 KW) NGOS AND SOCIETIES ASSOCIATION THROUGH ITS PRESIDENT SH VARINDER THAKUR Vs. STATE OF H P THROUGH PRINCIPAL SECRETARY, NON-CONVENTIONAL ENERGY SOURCES-CUM-SECRETARY POWER, GOVERNMENT OF H P AND OTHERS

Decided On November 30, 2016
All Himachal Micro Hydel (100 Kw) Ngos And Societies Association Through Its President Sh Varinder Thakur Appellant
V/S
State Of H P Through Principal Secretary, Non-Conventional Energy Sources-Cum-Secretary Power, Government Of H P And Others Respondents

JUDGEMENT

(1.) By way of this writ petition, the petitioner has prayed for the following reliefs:

(2.) Petitioner claims itself to be an association of NGOs./Cooperative Societies, who had identified the project sites (self identified) in furtherance of a Scheme floated by the Government of India, Ministry of New and Renewable Energy (Annexure P-2). As per the petitioner, its members identified the sites and completed entire work on asking of respondent No. 3, but vide a new notification dated 12.03.2012, entire work done by the members of the petitioner-Association was brought to a "big zero causing them lot of financial losses, loss of energy and time spent on this, as entire work done by the members of the petitionerassociation would be utilized by some other persons."

(3.) Case put forth by the petitioner is that Ministry of New and Renewable Energy, Small Hydro Power Division (respondent No. 4) issued a Scheme, i.e. Scheme for Development/Up-gradation of Watermills and setting up Micro Hydel Projects (upto 100 KW capacity) to encourage and accelerate the development of Watermills and Micro Hydel Projects in the remote and hilly areas by providing Central Financial Assistance (hereinafter referred to as "CFA"). Respondent No. 3 HIMURJA was made Nodal Agency of the said Scheme which was to further advertise and propagate the same through its website. The Scheme was accordingly propagated by respondent No. 3 through its website as well as through its District Level Officers. In the backdrop of the Scheme, members of petitioner-association identified the sites as per the Scheme and after identification, various developers started further work and Pre-feasibility Reports qua their self identified sites were prepared and the same were submitted to respondent No. 3. It is further the case of the petitionerassociation that after preparation of Pre-feasibility reports, sites were inspected by the field staff of HIMURJA and suitability reports of such self identified sites were submitted by the inspection team to HIMURJA.