ASHOK SHARMA Vs. STATE OF J&K

JUDGEMENT

(1.) KALAKOT is a small hamlet in a remote location of the backward area of the State in Rajouri District and has some coal mines in the area from where, it is stated coal in abundance can be extracted because of the reserves in those mines. Perhaps with an idea to exploit the coal potential of these mines, the State Government decided to install a Thermal Power Project in Kalakot Three units of 75 M V each were installed, the first in the year 1969 -70, and the remaining two in the year 1971 -72, making a total installed capacity of the project to 22.5 M V. The power hou.se thus installed was run and maintained by J & K Mineral Ltd , an undertaking of the State Government, but was later on transferred to the Electricity Department of the State Government in January, 1973. The plant and machinery of the power house were designed, erected and commissioned on turnkey basis by M/S Energoinvest of Yugoslavia

(2.) AFTER having passed through various turbulent phases, the project met with its ill fated demise when the State Government issued the impugned order on 11 -12 -1989 where by sanction was accorded to the closing of the project, disposal of the machinery and equipment as a whole or in parts as might be found beneficial and re -deployment of staff working on the project to other places in the department of Electricity as per the requirements The petitioner wants this older to be set aside and quashed on various grounds,.

(3.) - The petitioner is a practicing advocate of this Court, claims himself to be the Convenor of Jammu and Kashmir Branch of Hindustan Andolan and is interested, being a resident of Kalakot area in the subject matter of this petition. He has filed this petition by way of Public Interest. Litigation and not for any individual relief or benefit to him. The petitionerâ„¢s contention is that the closure of the project is actuated by malafide consideration because the State Government did not went the Project to run in Jammu region with an intention of depriving the people of this region of the benefits accruing from the running of the project. In support of this contention the petitioner has submitted that the coal mines around Kalakot were rich enough to provide enough coal as a fuel for the project and that the coal extracted "from these mines was perfectly suitable for consumption in this project and there was no requirement of importing coal from any other place, much less from as for a place as Dhanbad. Petitioners grievance also is that the project was not deliberately in the past and that its technical aspects were constantly "ignored by the State Government. Petitioners further submission is that before ordering the closure of the Project, the State Government did not undertake any proper feasibility research or study and without proper application of mind the closure order was issued. According to the petitioner, because of the closure order the people of the region and the neighbouring Poonch District have been deprived of the benefits of the running of the project, its location and the consequences flowing there from including the advantages of employment and other economic considerations.