Palchan Bhang Power Private Limited vs State Of H.P. Through And Others

Tarlok Singh Chauhan, J

On 09.08.2021, this Court passed the following order:-

“The instant petition has been filed for the grant of following substantive reliefs:-

(i) That writ in the nature of mandamus may kindly be issued, directing the respondents No. 1 and 2 to remove objections raised by Regional Office

Dehradoon vide letter dated 31/12/2020 in FCA case file, Annexure P-5, immediately within a time bound manner, so that the Hydro Electrical Project

Palchan Bhang 9 MW is made operational.

(ii) That writ in the nature of mandamus may kindly be issued, directing the respondent State to adequately compensate the petitioner for the loss

which Company had suffered due to the sheer lapses on the part of the respondent No. 1 and 2, wherein objections raised by Regional Office

Dehradoon vide letter No. dated 31/12/2020 are not being removed till date, despite repeated requests made by the petitioner Company.

(iii) That a writ in the nature of Mandamus may kindly be issued restraining respondent No. 4 to not to act upon the letter dated 04.03.2021 Annexure

P-9, and further extend time for implementation/making Hydro Electrical Palchan Bhang 9 MW operational after getting the necessary requisite

permission after getting the necessary requisite permission from the concerned authorities in the interest of justice.

Learned Additional Advocate General has placed on record instructions dated 07.08.2021, which reveal that the first prayer made by the petitioner has

been acceded to. As regards the second prayer, learned counsel for the petitioner fairly states that he is under instructions not to press the same.

Regarding the third prayer, learned Additional Advocate General prays for and is granted two days time to obtain instructions. List on 12.08.2021.â€​

The learned Additional Advocate General has placed on record the instructions dated 11.08.2021, the relevant portion whereof reads as under:-

“1. In reference to Relief No.3 wherein, the petitioner has requested the Hon’ble Court for restraining respondent No.4 i.e. Director Energy

not to act upon the letter dated 04.03.2021 Annexure P-9. In this regard, it is submitted that M/s Palchan Bhang Power Private Ltd. Has applied for

signing of Power Purchase Agreement with HPSEBL and for signing of Connection Agreement with HPPTCL vide their letters dated 16.02.2021, the

copies of the letters are annexed a Annexure-I & II. Since the petitioner has complied with the provisions mentioned in letter dated 04.03.2021

Annexure P-9, thus no action is to be taken by respondent No.4. It is further submitted that as per provisions contained at Sr. No. 2 of SIA Annexure-

III signed between GoHP and M/s Palchan Bhang Power Private Ltd. On 28.01.2021 in respect of Palchan Bhang SHEP (9MW), the Project

Developer is required to sign the Connectivity Agreement and Long Term Open Access Agreement (LTOA) with HPPTCL or Power Purchase

Agreement (PPA) with HPSEBL within six month from the date of signing of SIA. But till date company has not submitted the status regarding

signing of Connection Agreement with HPPTCL and Power Purchase Agreement with HPSEBL. The period of six months stands expired on

28.07.2021. As per Clause 2 of the SIA, in case the project developer fails to achieve this milestone within specified period of six months, the

allotment of the project shall be liable to be cancelled until and unless additional time is granted by the competent authority.â€​

As would be evident from the aforesaid instructions, the respondents are ready to consider the case for extension of time, provided the petitioner

makes a representation.

Accordingly, the petitioner is permitted to make a representation to the Government, which if made within two weeks from today, the same shall be

considered by the Government within six weeks on receipt thereafter.

The petition is disposed of in the aforesaid terms, leaving the parties to bear their own costs. Pending application, if any, also stands disposed of.