Court Upholds State Policy Decision on Pirpainti Thermal Power Project Amidst Allegations of Arbitrary Tariffs and Land Lease Agreements
The Patna High Court has dismissed a Public Interest Litigation (PIL) filed by Anmol Kumar, a practicing advocate, challenging the approval and establishment of the Pirpainti Thermal Power Project in Bihar. The petitioner alleged that the project involved arbitrary tariffs and discriminatory land lease agreements, raising concerns about inadequate compensation for land acquisition. However, the court found the PIL lacked specific materials to substantiate these claims and determined that the petition was not driven by a public-spirited intent.
The bench, comprising Chief Justice Meenakshi Madan Rai and Justice Soni Shrivastava, emphasized that PILs must be based on precise allegations supported by substantial evidence. In this case, the court noted that the petitioner's arguments appeared vague and lacked the necessary detail to justify judicial intervention. The allegations were deemed to reflect private interests rather than genuine public concern.
The court further upheld the State's policy decision, asserting that such decisions should not be interfered with unless there are clear irregularities. The petitioner had argued that the project, awarded to Adani Power Limited, involved a high tariff rate and unfair land lease terms. Despite these claims, the court found no evidence of collusion or irregularities in the bidding process.
The judgment highlighted the need for objections to policy decisions to be addressed before competent authorities, rather than through PILs lacking substantial evidence. Consequently, the petition was dismissed, reinforcing the principle that judicial review of policy decisions requires specific and substantial material to demonstrate irregularities.
Bottom line:-
Public Interest Litigation (PIL) - Dismissal of PIL challenging approval, establishment, and operations of a power project due to lack of specific materials to substantiate allegations and absence of public-spirited intent by the petitioner. Policy decisions by the State are not to be interfered with unless clear irregularities are demonstrated.
Statutory provision(s): Public Interest Litigation, Administrative Law, Judicial Review, Tariff Based Competitive Bidding, Public Trust Doctrine, RFCTLARR Act
Anmol Kumar v. State of Bihar, (Patna)(DB) : Law Finder Doc id # 2935209
