SAWALKOTE PROSJEKTUTVIKLING AS Vs. STATE

JUDGEMENT

(1.) (i) M/s Sawalkote Prosjektutvikling AS, a Company incorporated undei the Norwegian Companies Registration Act, (ii) M/s Hindustan Constructior Company, registered under the Companies Act, 1926 and (iii) M/s Ozaltin Construction Trade and Industry Company, Inc. Incorporated in Turkey, the members of a Consortium called 'Sawalkote Consortium' have filed this Writ Petition seeking issuance of a Writ in the nature of Certiorari, quashing and setting aside Government Order No. 212-PDD of 2006 dated 21.11.2006 whereby superseding Government Order No. 366-PDD of 2005 dated 21.12.2005 and Addendum thereto issued vide No. PDD/IV/38/2003 dated 04.04.2006, the Government of Jammu and Kashmir ordered implementation of the Sawalkote Hydro Electric Project through the process of Competitive Bidding, as per Government of India Guidelines, on the subject, besides a Writ-Injunction against the State of Jammu and Kashmir and its State Power Development Corporation to refrain from acting upon in any manner in furtherance to Government Order No. 212-PDD of 2006 dated 21.11.2006, (which shall hereinafter be referred as the "Impugned Government Order", for short.)

(2.) Petitioner No. 1 is stated to be a Special Purpose Company established by NCC International for the sole purpose of undertakirlg the Sawalkote Project and Construction Contract in co-operation with the other members of the Sawalkote Consortium.

(3.) The subject matter of dispute in the Writ Petition is the Sawalkote Hydro Electric Project, a run-off-river Project on the river Chenab, located upstream of the already commissioned Salal Hydro Electric Project and downstream of the Baglihar Hydro Electric Project, which the State of Jammu and Kashmir and its State Power Development Corporation want to implement through the process of Competitive Bidding, as per the guidelines of the Government of India, whereas the petitioners seek quashing of Government Order No. 212-PDD of 2006 dated 21.11.2006, thereby requiring implementation of the Project under Government Order No. 366-PDD of 2005 dated 21.12.2005 and Addendum issued thereto vide No. PDD/IV/38/2003 dated 04.04.2006. Government Order No. 212-PDD of 2006 dated 21.11.2006, the subject matter of dispute, is reproduced hereunder for reference: