Ntpc Limited Represented By Additional General Manager (Hr) vs. The State Of Kerala Represented By Chief Secretary

Court:Supreme Court of India
Judge:Hon'ble Arun Mishra
Case Status:Disposed
Order Date:2 Feb 2015
CNR:SCIN010034752015

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ITEM NO.39 COURT NO.11 SECTION XIA

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (C) No.30693/2014

(Arising out of impugned final judgment and order dated 14/10/2014 in WPC No. 15583/2013,14/10/2014 in WA No. 1936/2013 passed by the High Court Of Kerala At Ernakulam)

M/S NTPC LTD Petitioner(s)

VERSUS

STATE OF KERALA AND ORS Respondent(s)

Date : 02/02/2015 This petition was called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE M.Y. EQBAL HON'BLE MR. JUSTICE R.K. AGRAWAL

For Petitioner(s)Mr. P.S. Patwalia, ASG
Mr. Bharat Sangal,Adv.
Ms. I. Abenla Aier, Adv.
Ms. Vernika Tomar, Adv.
Ms. Daggar Malhotra, Adv.
For Respondent(s)Mr. K.K. Venugopal, Sr. Adv.
Mr. Muhamood T.T., Adv.
Mr. Ramesh Babu M. R.,Adv.

UPON hearing the counsel the Court made the following O R D E R

We have heard Mr. P.S. Patwalia, learned Additional Solicitor-General appearing for the petitioner and Mr. K. K. Venugopal, learned Senior Counsel appearing for the respondent(s).

Mr. P.S. Patwalia, learned Additional Solicitor General, appearing for the petitioner, informs us that on the last date of hearing also, Mr. Mukul Rohatgi, learned Attorney General for India, gave few suggestions. Those suggestions are read as under : Digitally signed by Sanjay Kumar Date: 2015.02.03 16:33:35 IST Reason: Signature Not Verified

(1) NTPC is willing to allocate 25 acres of wet land in Survey No.331 in Arattupuzha Village, Karthikpally Taluk, Alappuzha District, as was decided by the Board of Directors of NTPC in a meeting held on 11.07.2014; or

(2) NTPC is willing to allocate the said 25 Acres of wet land and spend Rs.41.96 crores to de-water the proposed land into the required form for the Government to commence the construction of the Medical College, or to allocate the Government Rs.41.96 crores in cash to develop the land all by themselves; or

(3) NTPC is willing to allocate Rs.150 crores for setting up of the Medical College, provided the Government of Kerala may sign the Power Purchase Agreement with it in three tranches, based on and in tune with the expansion programme on NTPC. This suggestion was already filed by NTPC on 07.10.2013 before the Hon'ble High Court of Kerala pursuant to an order of the Hon'ble Court dated 03.10.2013. It is pertinent to mention that this offer is made in lieu of allocation of the 25 acres of land.

Let the matter be listed on 13.02.2015 to enable the respondents to seek instruction on the aforesaid suggestions.

COURT MASTER COURT MASTER

(SANJAY KUMAR-II) (INDU POKHRIYAL)

2

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