- (1.) These appeals are directed against a common judgment passed by the Division Bench of the High Court of Gauhati wherein the Division Bench while setting aside the judgment of the learned Single Judge dated 19th July, 1997 has dismissed the writ petition field by the appellants.The writ petition was filed by the appellants challenging the constitutional validity of the Bharat Hydro Power Corporation Ltd. (Acquisition and Transfer of Undertaking) Act, 1996 being Assam Act 1 of 1997 published in the Assam Gazette Extraordinary dated 6th January, 1997. Facts :
(2.) In the year 1979, the Planning Commission of India sanctioned a proposal of the Assam State Electricity Board (hereinafter referred to as 'the Board') for construction of a Hydro Electric Power Station in the District of Karbi Anglong on the river Barapani at an estimated cost of Rs. 36.36 crores. The project comprised construction of 51 meter high concrete dam on the river Barapani near Hatidubi for utilising flow of water from catchment area of 1178 Sq. km. The installed capacity of the project was 2 x 50 MW. The dam was to be completed in the year 1986, but due to the failure of the local contractor, the project could not be completed and the Board terminated the contract and protracted litigation ensued.
(3.) In the year 1992, after termination of the contract as aforesaid, the project was entrusted to National Project Construction Corporation (in short 'NPCC'), but the similar fate followed and Board had to terminate their contract as well in December, 1992. In the meantime, cost of the project initially sanctioned at Rs. 36.36 crores rose to Rs. 189.90 crores. Out of the aforesaid estimate, the work completed was of about Rs. 116 crores and the Board needed about Rs. 60 crores to complete the project excluding other liabilities. The Board could not generate the additional fund required for completing the project.;