Court : Orissa
Reported in : 107(2009)CLT619; [2009(121)FLR971]; (2009)IIILLJ539Ori
..... by virtue of section 3 of the talcher thermal power station (acquisition and transfer) act, 1994 (in short, 'the act, 1994'), the thermal power station and the right, title and interest of the board in relation thereto stood vested with the state government. ..... the dispute under reference reads as hereunder:whether the reduction of work force of talcher thermal power station, talcher by the management of m/s. n.t.p.c. ..... , talcher thermal power station is legal, proper and or justified6. ..... section 10(ii)(a) the relevant provision in that respect reads as hereunder:(a) subject to the provisions of clauses (b) and (c) of this sub-section and sub-sections (3) and (4), all the employees on the regular rolls of the power station shall be absorbed in the services of the corporation who may, with a view to achieving better productivity and efficiency, redeploy them in talcher super thermal power project or in any other project or power station belonging to them and such employees absorbed in the services of the corporation shall be governed by the rules and regulations of the corporation in force from time to time.4. ..... the said statute (act, 1994) also provides for transfer of the thermal plant and its properties in favour of n.t.p.c. .....
Tag this Judgment!Court : Orissa
Reported in : 2005(I)OLR593
..... das, learned counsel appearing for the petitioners, however, has submitted that the office order fixing the terms and conditions of the teaching staffs vide annexure c/1 is not in consonance with section 11 of the talcher thermal power station (transfer and acquisition) act, 1994, since the petitioners have been given pre-revised scales of pay, which is discriminatory. ..... the petitioners are serving as teachers in the talcher thermal high school and primary schools at talcher thermal in the district of angul. ..... this court, by order dated 5.3.1999, disposed of the writ application in the following terms :'in view of the aforesaid position, we direct that necessary rules and regulations be framed by ntpc keeping in view the prescriptions in section 11 of the 1994 act, as accepted in the counter affidavit filed by it. ..... referring to the scale of pay of certain other staffs like peon and office assistants, the learned counsel for the petitioners submits that the salaries fixed for teachers are less than the salaries given to the clerks and even peons and the management has fixed such scale to humiliate the teachers. ..... the direction of this court was for framing the conditions of service keeping in view section 11 of the acquisition act.5. ..... act and the notification has been issued. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1975Ori100
..... according to him, the petitioner should have also been so exempted as admittedly for hirakud hydel power, coal has no role to play and in producing such hydel power, coal is not a factor and the rise in the price of coal is, therefore, an irrelevant feature.in the press note, the reason for the surcharge has been stated thus:--'the talcher thermal power station was commissioned and constructed in grid with the hirakud hydro power station of orissa state electricity board. ..... it must, therefore, follow that the thermal scheme which was undertaken by the state government and transferred to the board some time in 1970 was not a scheme in terms of chapter v of the act and would not be a scheme as referred to in section 48 thereof.we have already indicated that the agreements stipulated supply of hydel power. ..... counsel for the board, on the other hand, has contended that if a scheme has been sanctioned prior to the constitution of the board and transfer has been done subsequently, it would yet be covered by sub-section (1-a) of section 60, reading the scheme of chapters v and vi of the act together and keeping in view particularly the provisions of sections 28 and 60 thereof, we do not agree with the contention advanced on behalf of the board. ..... under section 60 of the act provision has been made that all schemes sanctioned by the state government and transferred to the board are to be deemed to have been sanctioned by the board. .....
Tag this Judgment!Court : Appellate Tribunal for Electricity APTEL
..... . 28/2010, before the state commission whereby it sought the approval of the ppa, and in the second petition, being petition no.29/2010 whereby it prayed for determination of provisional tariff in respect of 12% of the power to be supplied to the state and filed therefore a statement of calculation as per the technical and financial norms specified in the cerc (terms and conditions of tariff), regulations,2009 as well as certain operational parameters applicable to the talcher thermal power station (ttps), and arrived at a variable cost at 59 paisa per ..... the gridco purchasing the balance 88% of the power generation of the asl, when the commission did not question the gridcos purchase of power from the ipp on the ground of the possible higher tariff, when on the other hand the commission all along in its previous order wished for a negotiated settlement, when the spirit of the present order is for a negotiated price, and when the parties fail to arrive at the negotiated price the responsibility rested with the commission to exercise its statutory power and determine the tariff in terms of the principles laid down in the provisions of the act and also in terms of ..... e) the question of grant of open access in inter-state transmission is covered under the cerc(open access in inter- state transmission) regulation, 2008 and these regulations are applicable only for grant of short term open access for energy transfer, and these regulations are not applicable to the case of the .....
Tag this Judgment!Court : Appellate Tribunal for Electricity APTEL Appellate Jurisdiction
..... . 28/2010, before the state commission whereby it sought the approval of the ppa, and in the second petition, being petition no.29/2010 whereby it prayed for determination of provisional tariff in respect of 12% of the power to be supplied to the state and filed therefore a statement of calculation as per the technical and financial norms specified in the cerc (terms and conditions of tariff), regulations,2009 as well as certain operational parameters applicable to the talcher thermal power station (ttps), and arrived at a variable cost at 59 paisa per ..... the gridco purchasing the balance 88% of the power generation of the asl, when the commission did not question the gridcos purchase of power from the ipp on the ground of the possible higher tariff, when on the other hand the commission all along in its previous order wished for a negotiated settlement, when the spirit of the present order is for a negotiated price, and when the parties fail to arrive at the negotiated price the responsibility rested with the commission to exercise its statutory power and determine the tariff in terms of the principles laid down in the provisions of the act and also in terms of ..... e) the question of grant of open access in inter-state transmission is covered under the cerc(open access in inter- state transmission) regulation, 2008 and these regulations are applicable only for grant of short term open access for energy transfer, and these regulations are not applicable to the case of the .....
Tag this Judgment!Court : Guwahati
..... thereafter, the legislative assembly of assam passed an act, namely, the bharat hydro power corporation limited (acquisition and transfer of undertaking) act, 1996 (for short 'the act') and it was subsequently published in assam gazette, extra ordinary dated 6-1-97, this act has been challenged by the writ petitioners in this writ petition (cr 283/97). ..... that case had been preferred by the petitioner against the nationalisation of banks under the provision of banking companies (acquisition and transfer of undertakings) act (22 of 1969) (ordinance 8 of 1969) claiming constitutional protection against the provisions of the act by which petitioner claimed to be prejudiced as a share-holder of the bank. ..... it is further submitted that 'electricity' in broad term includes 'generation of electricity from any source whether thermal, water, gas, wind or any other source'; and that the definition of 'generating station' mentioned in section 2(5) of the supply act 1948 also deals with the same.27. ..... , (1994) 1 scc 92 : (air 1994 sc 169) (at p. .....
Tag this Judgment!Court : Chennai
Reported in : 2007(2)CTC369
..... the setting up of north chennai thermal power station aggravates the ecological damage to the ennore creek, to the pulicat lake and to the inshore sea off ennore and pulicat;v. ..... the north chennai thermal power station, the ennore satellite port and the petrochemical park will continue to violate several central and state enactments, notifications and supreme court directives;vi. ..... : air1997sc482 ;(v) the notification under section 4(1) of the act was not published in the manner required by law and therefore, the impugned acquisition proceedings are arbitrary and violative of article 14 of the constitution of india;(vii)the issuance of different notifications under section 4(1) of the act for the same purpose suffers from vagueness; (ix)(a) the statutory right conferred under section 5a of the act enabling the landowners to file objections to the acquisition being mandatory, the denial of the same by invoking the urgency clause under section 17(1), by exercising the power conferred under section 17(4) of the act is arbitrary, unreasonable and unjustified for want of tangible reasons; and (b) the delay ..... it now proposes to permit infrastructure development for mega industries and storage of petroleum products and transfer of hazardous substances.xxiv. ..... all the three mega projects are in violation of under section convention on the law of the sea (unclos) signed in 1982 and ratified in 1994. .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1997Kant220
..... , talcher at orissa to raichur thermal power station, covering a long distance by rail-sea-rail route, and under these circumstances, the 1st respondent in the interest of prompt execution of the work and public interest and also having regard to the fact that there is a severe shortage of power in the state of karnataka and any dislocation in the movement of coal and collection of coal would result in dislocation of work at the raichur thermal power station, imposed the conditions providing that the handling agent should have the experience of movement of coal to large thermal power stations and he also should have the experience in the movement of coal to large thermal power stations ..... hindustan development corporation (air 1994 sc 788) (supra), the supreme court has observed that the government while entering into contracts, or issuing quotas is expected not to act like a private individual but should act in conformity with certain healthy standards and norms, and such actions should not be arbitrary, irrational or irrelevant. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : JT2004(1)SC63; 2004(1)SCALE211; (2004)2SCC553
..... 1 of 1997(received the assent of the governor on 6th january, 1997)the bharat hydro power corporation limited (acquisition and transfer of undertaking) act, 1996an actto provide for the acquisition, in the public interest, of the right, title and interest of the undertaking of the bharat hydro power corporation limited and for matters connected therewith or incidental thereto.whereas the bharat hydro power corporation ltd.. ..... on 30th november, 1996 the state of assam, keeping in view, the inordinate delay in the completion of the project and to safeguard the public interest by completing the project as early as possible in the context of acute power shortage in the state, promulgated bharat hydro power corporation limited (acquisition and transfer of undertaking) ordinance, 1996 acquiring the undertaking of karbi langpi project of appellant no. l. ..... in the year 1979, the planning commission of india sanctioned a proposal of the assam state electricity board (hereinafter referred to as 'the board') for construction of a hydro electric power station in the district of karbi anglong on the river barapani at an estimated cost of rs. ..... that electricity in broad term includes 'generation of electricity from any source whether thermal, water, gas, wind or any other source'. ..... 1 after its incorporation tailed to take charge of the project till 5th april, 1994, even after taking over of the project, the appellant no. .....
Tag this Judgment!Court : Mumbai
Reported in : 1999(3)ALLMR504; 1999(4)BomCR566
..... it is observed that a threat exists to the neighbouring plant and machinery of the thermal power station of tata power company, in worst case scenarios, origins because of rupture of import pipeline surge vessels and cryogenic storages. ..... section 20a of that act bars a court from taking cognizance of any offence under the act without the previous sanction of inspector general of police or the commissioner of police and also provides that no information about the commission of an offence under the act shall be recorded by the police without the prior approval of the district superintendent of police. ..... the gas in liquified form is carried in special cryogenic containers aboard ships and then transferred from special pumps installed at the jetty and plied along special pipes to the cryogenic container installed in the storage facility. ..... the definition of 'high tide line' was amended by a subsequent notification dated 18th august, 1994, and it is now provided that high tide line 'means the line on the land upto which the highest water line reaches during the spring tide and shall be demarcated uniformly in all parts of the country by the demarcating authority so authorised by he central government in consultation with the surveyor general of india'. ..... in the proposed cryogenic facility lpg was to be liquefied by freezing/cooling it very much below its boiling point and transferred and stored at atmospheric/normal pressures.5. .....
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