KALPTARU POWER TRANSMISSION LTD Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This writ petition has been filed by Kalptaru Power Transmission Ltd. - a registered company having its registered office at 101, Part-III, GIDC Estate, Sector-28, Gandhinagar (Gujarat) against NIT issued by respondent No.3. Following prayer has been made by the petitioner company in this writ petition :

(2.) Learned Senior Advocate Mr. Virendra Lodha, assisted by Mr. Manoj Bhandari, appearing for the petitioner submits that the State of Rajasthan promulgated a policy in the year 1999 for promoting generation of power through non-conventional energy sources, under which, the petitioner company was granted licence and it invested more than 700 million rupees in biomass energy generation under the Policy of 1999 and installed two biomass based power generation plants, first 7.8 MW at Chak 27 BB, Tehsil Padampur (District Sriganganagar) and, second, 8 MW at village Khatoli, Tehsil Uniara (District Tonk).

(3.) In the policy of 1999 an amendment was made in sub-clause 8(i) of the Policy on 13.11.2001, in which, it was specifically provided that if the State Governfment is satisfied with the progress achieved in the setting up of a biomass power plant at a duly approved site, no other biomass power plant shall be allowed within a radial distance of 50 KM of the site of the first power plant. Said provision was further reiterated in the new Policy framed by the State Government for promoting generation of electricity through non-conventional energy sources 2004. In clause 16.1 (a) of the Policy of 2004 it was specifically provided that, ".................However, such review shall be held not before 2011". The State Government further promulgated a new policy as Policy for Promting General of Electricity from Biomass 2010 and that new scheme came into operation with effect from 26.02.2010. In that policy also, it is specifically provided under clause 10.10 that biomass power plants commissioned under earlier Policies of the State Government shall continue to be governed by the relevant policies in operation at the time of commissioning of the project.