CHEWANG PINTSO BHUTIA Vs. STATE OF SIKKIM

JUDGEMENT

(1.) WRIT Petition (C) Nos.22 and 23 of 2012 were originally filed before the Hon'ble Supreme Court being Writ Petition (C) Nos.101 and 102 of 2012 respectively. Vide order dated 08 -05 -2012 the Hon'ble Supreme Court was pleased to transfer them to this Court for disposal under Article 226 of the Constitution of India as various issues involved in the cases were of local nature. We may reproduce the said order of the Hon'ble Supreme Court which reads as under: -

(2.) IN pursuance of the above, the cases were thus taken up by this Court and are being disposed of by this common judgment as the questions involved are identical.

(3.) THE Respondent No.1 is the State of Sikkim in which the Petitioners reside and the State in which the Project is being implemented under a Memorandums of Understanding (in short the "MoU") by the Respondent No.4 Company promoted by the Respondent No.5. Respondent No.2, is the Ministry of Environment and Forests, which gives clearances and 'No Objection Certificates' (in short the "NOCs") to various power Projects after scrutiny under the relevant environment rules and regulations. Respondent No.3, is the National Board for Wild Life (in short the "NBWL") constituted under Section 5A of the Wild Life (Protection) Act, 1972. Respondent No.4, Shiga Energy Private Limited is the Hydro Power Company set up as a Special Purpose Vehicles (SPV) to implement the Project in question. Respondent No.5, T. Nagendra Rao, is the Managing Director of Company called 'Rangit Valley Hydro Private Limited' and is the promoter of Respondent No.4 Company. Respondents No.7 and 8 are public financial institutions, which provide funding to power Projects and have been approached by the Respondents No.4 and 5.