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Judgment
Jyotsna Rewal Dua, J
The petitioner alleged violation of order dated 12.07.2022, whereby respondent No.2 was directed to decide the representation of the petitioner dated 02.05.2023 for execution of Supplementary Implementation Agreement ‘as expeditiously and in any event, within eight weeks from the date of order’.
The respondent has filed reply to the contempt petition inter alia stating as under:-
(i) After scrutinizing the documents it was found that the shareholding management of the project developer in respect of Palchan Bhang HEP (9MW) has been changed. For this reason Supplementary Implementation Agreement as requested by the project developer vide this letter dated 02.05.20223 for of Supplementary Implementation Agreement could not be considered since prior approval of the Government was required for any change in equity shareholding as per provision contained in the Swaran Jayanti Energy Policy 2021.
(ii) The Directorate of Energy has referred the matter to Sate Government vide letter dated 06.05.2023 for decision whether to allow additional time of six more months from the date of decision for achieving zero date in respect of 11 under clearance projects including Palchan Bhang HEP (9MW).
(iii) The matter presently is under consideration of the State Government for decision with respect to the Directorate of Energy’s letter dated 06.05.2023.
Learned Additional Advocate General submitted that the respondent would require six weeks’ more time for taking a final call on the representation of the petitioner, in view of the fact that the decision has to be taken at the Government level.
Taking note of the above submissions, more particularly, the reply filed by the respondent, this contempt petition is closed at this stage with the hope and trust that the respondent shall take a decision in accordance with order dated 27.12.2022, as expeditiously as possible and in any event within six weeks from today. Notice issued to the respondent is discharged. However, the petitioner shall be at liberty to take recourse to appropriate proceedings in accordance with law at an appropriate stage.
The Pending miscellaneous application(s), if any, also stand disposed of.