- (1.) THIS intra-court appeal arises out of a writ petition (CWP No.8781/2011) wherein the petitioner-appellant Kalpatru Power Transmission Ltd. stated grievance against the Notice Inviting Tender ('NIT') dated 19.08.2011 [Annex.8] as issued by the respondents Nos.3 and 4 for setting up of 4.9 MWH biomass based co-generation power plant; and prayed that the respondents be restrained from installing and commissioning any such plant at Chak 23 F, Kaminpura, Tehsil Srikaranpur, District Sri Ganganagar.
(2.) THE petitioner-appellant submitted that it had commissioned two power plants, first of 7.8 MW capacity at Chak 27BB, Tehsil Padampur, District Sriganganagar and second of 8 MW capacity at village Khatoli, Tehsil Uniara, District Tonk with reference to the 'Policy for Promoting Generation of Power through Non-conventional Energy Sources'; and asserted that the area of the proposed plant under the NIT dated 19.08.2011 fell within the area kept reserved for it, as per the assurance made by the State Government. It was submitted that in regard to the apprehension of the power developers about assured availability of biomass fuel, Sub- clause 8 (iv) was inserted in the said policy as under:- "Reservation of 50 KM Area- If the State Government 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."
(3.) THE appellant also referred to the new policy as framed by the State Government in its Notification No.F.20 (10) Energy/09 dated 26.02.2010 wherein it was, inter alia, provided as under:- "10.2 Provided that Biomass Power Project of less than 5 MW capacity can be set up within the reserved area of any plant of capacity of 5 MW and more with the permission of RREC. Provided further that no area shall be kept reserved for Biomass Power Project(s) of capacity less than 5 MW." ;