- (1.) THE affidavit of the Chief Secretary, Government of Jharkhand has been filed today In the Court. This affidavit in response to our Order dated 28th January. 2002 read with Our Order dated 13th February. 2002. We may also refer to the contents of our order dated 4th January. 2002, specially paragraph -3 thereof.
(2.) THE prayer of the petitioner is that we should issue a mandamus to the State to construct the project in question, the question relating to the grant or refusal of this prayer has to be determined on the touchstone of constitutional parameters as well as the proper exercise of Jurisdiction by this Court under Article 226 of the Constitution of India. It is keeping these in view, that we had invited the affidavit from the Chief Secretary. Government of Jharkhand.
(3.) THE affidavit filed by the Chief Secretary in the Court today informs us that various issues and questions of far reaching importance and magnitude have to be taken into consideration and decided by the Government of Jharkhand before the Government can take a definite stand whether to construct the Project or not to construct the Project. These inter alia, include the issue relating to the acquisition of private land measuring 16,130 hectares as also taking possession of 865 hectares of forest land. All this resulting in alleged dislocation of about 6000 families. Understandably as per the affidavit this has given rise to some resistance on the part the people concerned. The other issue relates to the price of purchasing the power. The affidavit says that the rate of power to be purchased on the completion of this project is fixed at Rs. 7.99 per units as against the price of the thermal power presently available at Rs. 2.50 per unit. The other issue is the cost of the Project, which at March. 2001 price level has been estimated around Rs. 3223.68 crores.;