Dhananjaya Y Chandrachud, J. - (1.) Leave granted.
(2.) These appeals arise from the judgment of a Division Bench of the High Court of Kerala dated 21 August 2015. The High Court has dismissed the writ proceedings instituted by the appellant under Article 226 of the Constitution of India.
(3.) On 7 December 1990, the State of Kerala issued G.O (Ms) No. 23/90/PD by which private entities were permitted to construct and operate Hydel Power Projects for the generation of power, subject to certain conditions. These conditions, broadly speaking were: " The Private Agencies would be allowed to set up sanctioned hydel schemes at their own cost. Where the power scheme is located in an area owned by the Respondents, the land would be leased for a period of 30 years from the date of commissioning of the same, after which the land with all structures would vest in the Government free from all encumbrances. The transmission line required for transferring power from the captive plant of the agency to the nearest grid sub-station would be built at the cost of the agency by the KSEB and after construction it would be transferred to the KSEB without any compensation. The captive plant energy fed into the KSEB grid - 12% wheeling charges loss would be delivered free of cost to the agency at their H.T. Terminals. The percentage of 12% for Transmission & Distribution losses, wheeling charges, etc. will be liable for review by Board during revisions of tariff rates periodically. Before implementation of the Scheme, an agreement setting forth all the above aspects and such other conditions as found necessary would be entered into between the agency and the KSEB.";