Indiabulls, which is setting up a 2,640-MW thermal power station in Amravati district of Vidarbha, has challenged the prevalent interpretation of the Governor’s powers to ensure equitable development of the state.
A Division Bench of Justices Sharad Bobde and Vijaya Tahilramani has issued notices to the Governor’s secretary and other respondents, including the Chief Secretary, after hearing the company’s counsel Shyam Devani, arguing as assistant to senior lawyer Mukul Rohatgi, as also government counsel Nitin Sambre and Backlog Removal Committee lawyer Ashutosh Dharmadhikari.
The company is facing people’s agitation against its project, mainly on the ground that the project will usurp water from Upper Wardha dam meant for farmers. A petition has been filed by the Backlog Removal Committee, a citizen’s body, challenging the water supply. The committee has cited the Governor’s directives to remove Vidarbha’s backlog, which also includes irrigation backlog.The company said the Rs. 14,000-crore project would provide 1,200 MW power to the state at Rs. 3.26 per unit and it has already spent Rs. 1,250 crore on it.
The government has assured to provide 87.6 million cubic metres of water to the project from the Upper Wardha dam. Petitioner committee’s senior counsel K H Deshpande had argued last week that the Governor’s directives are of constitutional nature and are, as such, binding on the state government. He said Vidarbha’s irrigation backlog is 68.47 per cent and Amravati has a backlog of 70,000 hectares. He claimed that supply of water from the dam will reduce Vidarbha’s irrigation by 23,219 hectares.
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