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April 30, 2001
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Money > Business Headlines > Report April 30, 2001 |
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HC for transfer of petitions against Dabhol PPABS Regional Bureau The chief justice of the Bombay High Court, Justice B P Singh has ordered the transfer of all petitions challenging the Dabhol Power Corporation power purchase agreement from the Nagpur and Aurangabad bench of the high court to the principle bench for adjudication. As such, the petition filed by former principal of Sindhu Mahavidylaya, advocate G C Singh against the controversial power purchase agreement will now be heard at the Bombay High Court. The chief justice took the decision after DPC filed an application for transfer of writ petition filed by G C Singh before the Nagpur bench. With this order, the petition filed by G C Singh and another petition filed by one P B Samant and three other petitions one at Aurangabad bench and two at Nagpur bench stand transferred to Bombay bench. Since all these petitions challenged the PPA signed by DPC, a subsidiary of Enron, with Maharashtra State Electricity Board, the chief justice has directed the registry to transfer all these petitions to Bombay for disposal. The order was delivered on April 19, 2001 and as of now the scheduled hearing of public interest litigation filed by G C Singh in which the Nagpur bench of the Bombay High Court had asked Enron and DPC to give reply on why the MSEB should not be directed to buy power from DPC at Rs 0.89 per unit, stands cancelled. The next date of hearing would be decided by the chief justice. One of the most important relief sought by G C Singh was of directing the MSEB to purchase the power produced by DPC at the rate of Rs 0.89 per unit till the pendency of the writ petition as per the requirement of the MSEB, without any capacity charges and plant operation at 67 per cent plant load factor. A division bench consisting of Justice J N Patel and Justice P S Bramhe had admitted the petition and had even appointed senior legal luminary and former advocate general V R Manohar as Amicus Curae in the matter. Meanwhile, the DPC had urged the chief justice to transfer the writ petition filed before the Nagpur bench of the high court to Bombay. The matter was heard by the chief justice on April 16 in-chamber in which senior counsel Atul Setalvad appeared for DPC, while G C Singh appeared in person. The petitioner strongly opposed the contention of the DPC and had maintained that the Nagpur bench of the high court had equal jurisdiction to entertain the petition under its extra-ordinary constitutional jurisdiction. Similarly, the high court had also admitted four PIL's filed by grahak panchayat, vice-chairman of Bar Council of Maharashtra and Goa, advocate Aniruddha Choube, former deputy mayor Ramkrishna Angalwar and an intervention application by 15 eminent citizens and power sectors experts. All these matters were earlier listed for hearing on April 24. Powered by YOU MAY ALSO WANT TO READ:
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