P. Venkatratnaya vs The Managing Director, KPCL

Aravind Kumar, J.—Heard Sri Bawakhan, learned Advocate appearing for petitioner and Sri Veeresh R. Budihal, learned Advocate appearing for respondents-1 and 2.

Sri Bawakhan, learned Advocate appearing for petitioner submits that though several grounds have been urged in the present writ petition, he would be satisfied if petitioner is permitted to participate in the tender called for vide notification dated 16.01.2014 issued by respondent No. 2 vide Annexure-G and as such he prays for a direction to respondents to consider his claim for grant of lease hold rights of Fishery at raw water pond situated at Bellary Thermal Power Station, Kudithini, Bellary.

Respondent herein has installed capacity of 6000 MW of hydel, thermal, wind and solar power and has taken lead in the country in harnessing solar energy by way of setting up three solar PV plants of 3 MW capacity each and has also established thermal power station at Bellary known as Bellary Thermal Power Station (''BTPS'' for short) which is a coal fired thermal power station consisting of two units comprising 500 MW and 700 MW (under construction stage) for production of electricity. Respondent-Corporation procures coal, fuel, water etc. from various sources and water is obtained through pipelines from Maralihalla, Koppal District about 37 kms. away from the Power Station. Petitioner has established artificial man made pond for water storage for using the water for cooling service and demineralised water production which are quite essential for power generation. In the said raw water pond, 0.52 tmc ft. of water is stored which is, within the premises of Thermal Power Station.

The boiler feed water used in the steam is a means of transferring heat energy from the burning fuel to the mechanical energy of the spinning steam turbine and is less than 10% of the total water used. The raw water pond which has been created artificially for the purposes of being used in Thermal Power Station, has resulted in growth of algae, on account of which, water is discoloured and polluted and on account of said algae, respondent-Corporation is said to be facing problems with clarifier and cooling water systems, both technical and mechanical. In order to control algae menace and to maintain required quality of water, Corporation has taken an effective biological method without using any harmful chemicals, by introducing special type of fishes which feed and live on algae which are called as "Katla-Katla, labeorohita, cirrinus mrigala". For the said purpose, Corporation has been seeding continuously till date Fishes in the said pond and on account of which, algae grown in the said raw water pond is said to be under control. The said fishes are seeded in the pond on account of an experimental study conducted in-house and undisputedly, said pond is life line for Power Plant and without water, generation of power would not be possible. Reduction of the water may result in seriously disturbing the process of power generation and as such, said fishes which are now found in the pond have outlived their life and for being harvested namely, for the purpose of removing them from pond, tender in question has been called for on 16.01.2014 - Annexure-G by respondent-Corporation.

Though Mr. Bawakhan has contended that respondent-Corporation has no authority over the said raw water pond including management and control of the said pond and it vests with the fisheries department, this Court would not embark upon enquiring in this regard. Inasmuch as, learned Advocate for petitioner has fairly submitted that if petitioner is permitted to participate in the tender process, it would suffice and he would be satisfied.

Keeping in view submission made by Mr. Bawakhan, this Court is of the considered view that a direction can be issued to respondents to consider the application that would be submitted by the petitioner pursuant to fresh tender notification that may be issued and allot or lease said fishery rights either in his favour or in favour of any other eligible persons if he is otherwise entitled to, by keeping in mind the guidelines prescribed by Fisheries Department. Question relating to right of respondents to call for tender is kept open or examining the issue that whether raw water pond located inside the premises of the Power Station and which is declared to be prohibited and sensitive area under the Official Secrets Act, 1923 and gazette having been issued in that regard would not arise since petitioner has now conceded that he would be satisfied if his application is considered and as such, it would suffice if respondents are permitted to continue the tender process by permitting the petitioner also to participate in the tender process by submitting his application.

With these observations, writ petition stands disposed of. As and when fresh tender is called for, petitioner shall also submit his application and respondents shall not reject the application of the petitioner as undertaken before this Court and shall examine his application on merits and in accordance with law.

Ordered accordingly.