- (1.) This writ petition has been filed by Kalptaru Power Transmission Ltd. - a registered company having its registered office at 101, Part-III, GIDC Estate, Sector-28, Gandhinagar (Gujarat) against NIT issued by respondent No.3. Following prayer has been made by the petitioner company in this writ petition : "i) It is, therefore, prayed that the Hon'ble High Court may kindly call for the entire record pertaining to impugned NIT dated 19.8.2011 (Annex.6) and after examining the same be pleased to declare the impugned NIT dated 19.8.2011 (Annex.6) null and void and be quashed and set aside. ii) By appropriate Writ, Order or direction the respondents, precisely Respondent No.3 & 4 be restrained from inviting tender dated 19/08/2011 for item No.1 i.e. To set up and 4.9 MWH biomass based Co-Generation with export equipments power plant and that to extent the item No.1 of the NIT dated 19.8.2011 to be declared null and void and be quashed and set aside. iii) by without prejudice to above, by an appropriate writ, order of direction, Clause 10.2 of the Policy of 2010 may kindly be declared illegal and be declared ultravires of the constitution of India and therefore, be quashed and set aside. iv) by an appropriate writ, order or direction, the respondent state and RREC may be restrained the Respondent No.3 to install and commission biomass Based Co-generation Power Plant in Chak 23 F, Kaminpura, Tehsil Srikaranpur, Distt. Sriganganagar. v) by an appropriate writ, order or direction, the sanction granted by the State of Rajasthan to the Respondent No.3 to install biomass power plant of 4.9 MW situated at Chak 23 F, Kaminpura, Tehsil Srikaranpur, Distt. Sriganganagar, may kindly be declared illegal and be quashed. v) Any other order or direction, which the Hon'ble Court deems fit and proper, may kindly be passed in favour of the petitioners. vi) Cost of the writ petition may kindly be awarded to the petitioner."
(2.) Learned Senior Advocate Mr. Virendra Lodha, assisted by Mr. Manoj Bhandari, appearing for the petitioner submits that the State of Rajasthan promulgated a policy in the year 1999 for promoting generation of power through non-conventional energy sources, under which, the petitioner company was granted licence and it invested more than 700 million rupees in biomass energy generation under the Policy of 1999 and installed two biomass based power generation plants, first 7.8 MW at Chak 27 BB, Tehsil Padampur (District Sriganganagar) and, second, 8 MW at village Khatoli, Tehsil Uniara (District Tonk).
(3.) In the policy of 1999 an amendment was made in sub-clause 8(i) of the Policy on 13.11.2001, in which, it was specifically provided that if the State Governfment is satisfied with the progress achieved in the setting up of a biomass power plant at a duly approved site, no other biomass power plant shall be allowed within a radial distance of 50 KM of the site of the first power plant. Said provision was further reiterated in the new Policy framed by the State Government for promoting generation of electricity through non-conventional energy sources 2004. In clause 16.1 (a) of the Policy of 2004 it was specifically provided that, ".................However, such review shall be held not before 2011". The State Government further promulgated a new policy as Policy for Promting General of Electricity from Biomass 2010 and that new scheme came into operation with effect from 26.02.2010. In that policy also, it is specifically provided under clause 10.10 that biomass power plants commissioned under earlier Policies of the State Government shall continue to be governed by the relevant policies in operation at the time of commissioning of the project.;