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M/s.DLF Power Ltd. Vs. State of Jharkhand.

Country/Territory
India
Type of court
National - higher court
Date
Jun 18, 2003
Source
UNEP, InforMEA
Court name
High Court of Jharkhand
Judge
Mukhopadhaya., S.J.
Reference number
AIR 2004 Jhar 85
Language
English
Subject
Energy, Environment gen.
Keyword
Renewable energy Energy conservation/energy production
Abstract
M/s.DLF-Power Limited entered into an agreement with the Coal India Limited on 11th January, 1995 for setting up captive power plant. As per the agreement, petitioner is to supply power to Madhuband Washery Areas, at Baghmaro in the district of Dhanbad (now in the State of Jharkhand). It had to arrange finance, design and procure, install, operate and maintain fluidized bed combustion boiler based Thermal Power Plant along with various other equipments for the power plant. On the basis of the No Objection Certificate (NOC) stated 25th March, 1998 granted by B.S. Pollution Control Board, the petitioner went ahead with the setting up of the Power Plant and made huge investment. By a letter dated 17th July, 2002 from J.S. Pollution Control Board the NOC has been cancelled on the plea that NOC was granted without conducting public hearing. The petitioner has been asked to get a fresh environmental clearance before start of construction activity and has been directed to stop all activities such as site clearance. The petitioner has alleged that the NOC has been cancelled in pursuance of an order dated 18th June, 2002, without issuing any show cause notice to the petitioner and without taking into consideration the relevant fact that the plant has already been commissioned and all the construction activities were complete. The reason assigned by the respondent is that the Thermal Power Plant proposed to be located within the radius of 25 KM of Reserve Forest and critically polluted area shall require environmental clearance from the Central Government. The above project is going ahead with construction activities without complying with the provision of Environment (Protection) Act, 1986. The project is located in the critically polluted area, the site clearance and environmental clearance from he Ministry of Environment and Forest is mandatory. The principle of audi alteram partem is the basic concept of the principal of natural justice. Even in the field of administrative action, this principle requires to be applied to ensure fair play and justice. Further, it is not clear whether the place where Captive Power Plant has been set up by petitioner is within the radius of 25 Kms. of reserve forest or critically polluted area or not and thereby requires environmental clearance from Central Government. In fact, the aforesaid question of fact should have been decided by the respondents prior to withdrawn/cancellation of NOC after notice and hearing the petitioner. For the reasons aforesaid, the Court has no option but to set aside both the orders of withdrawal of the NOC.
Full text
COU-156022.pdf
Website
www.indiankanoon.org