DB sets aside writ court judgment with directions

Excelsior Correspondent
JAMMU, Sept 30: Division Bench of State High Court comprising Justice R Sudhakar and Justice B S Walia has set-aside the judgment of the writ court in Canal Power House case.
In this case, the writ court had quashed the impugned Cabinet Decision No. 90/6 dated 19.05.2003 followed by order dated 21.05.2003 and all other consequential orders. The respondents were further commanded and directed to give effect to orders No.34-PDD of 2002 dated 30.01.2002 and No.35-PDD of 2002 dated 30.01.2002 and consequent decision of the designated committee on negotiated terms and conditions in this behalf based upon these orders reflected in communication dated 15.03.2002 addressed to the Development Commissioner, Power, J&K, by the Special Secretary to Government, Power Development Department, pertaining to steps for the execution and signing of the PPA with the petitioners on the terms and conditions finalized and settled in this behalf by the High Power Committee.
After hearing AAG Ajay Sharma for the State whereas Senior Advocate ZA Shah for the other side, Division Bench set- aside the judgment of the writ court and directed that a fresh opportunity of hearing be given by the independent Committee of Experts to the respondents in line with the decision of the Division Bench in LPA No. 21/2004 dated 31.05.2004 as also in the light of quashing of FIR 29/2003 PS VOJ on 1 1.10.2003 qua Ashok Kumar as well as Ravish Trehan.
“On receipt of the report, fresh decision shall be taken by the Government. In case of disagreement, it shall briefly spell out the reasons. Needful shall be done within a period of 3 months”, DB directed.

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