G. T. Nanavati, J. - (1.) Leave granted in all S.L. Ps.
(2.) These appeals arise out of the common judgment of the Division Bench of the Madhya Pradesh High Court in a batch of Letters Patent Appeals (Nos. 70 to 72, 93, to 99 , 106, 108 and 117 of 1999 and Writ Petition No. 1685 of 1998) filed against the common judgment and order of single Judge of that Court in Writ Petitions filed by India Thermal Power Ltd., (W.P. 3534/1988), Bhander Power Ltd., (W.P. No. 4253/98), G.V.K. Power Ltd., (W.P. No. 4631/98), S.I.P. Power India Ltd., (W.P. 4694/98), M/s. Shahpoorji Pallanji Power Co. Ltd., (W.P. 4742/98), Bhilai Power Supply Co. Ltd., (W.P. No. 238/98) and Jindal Power Ltd., (W.P. 6175/98).
(3.) In the year 1991-92, the Government of India declared a policy of liberalisation in the electricity sector and thereby widened the scope for private participation in generation, distribution and supply of electricity. Pursuant to that policy the State of Madhya Pradesh decided to invite private companies for setting up power plants at different places within the State so as to increase its power generating capacity by about 7000 MW. On 27-2-19992 Madhya Pradesh Electricity Board (MPEB) invited offers from potential private investors for pre-qualification in establishment of four power projects. One of them was Thermal Power Project at Korba (West) in the district of Bilaspur. Indian Thermal Power Ltd. (hereinafter referred to as 'ITPL') made an application for establishment of that power plant. After considering its application the Government of Madhya Pradesh made an offer by issuing a letter of intent to ITPL to establish, operate and maintain a power plant at Korba (West) as a generating company. Similar advertisements were issued for other projects also and letters of intent was issued to those who were found qualified . In all 21 MOU's were entered into between them and the State Government and MPEB. 13 Independent Power Producers (IPPs) entered into Power Purchase Agreements (PPAs) with MPEB.;