Adani versus HP, No relief to state

Shimla, July 27

The Himachal High Court has not given any relief to the State government in matter of returning of advance premium amount deposited by M/s Adani Power Limited for Jangi-Thopan-Powari Power Project tune  to about Rs.280 crore.  A division bench of Chief Justice AA Syed and Justice Jyotsna Riwal Dua has refused to stay the decision of the single bench for the time being.

The single bench of the HC, in a decision issued on April 12, had ordered the government to refund the amount within a period of two months as per the decision taken by the cabinet on September 4, 2015.

The single bench passed this order on a petition filed by M/s Adani Power Ltd. During hearing the revision petition of State against the HC Single bench order, court did not stayed the single bench order. The order passed by Single bench of Justice Sandeep Sharma said that if the government fails to return this amount to the applicant company within 2 months, then it will have to pay this amount along with 9 percent annual interest. This decision passed on April 12 has been challenged by the government through appeal before the division bench.

The petition was challenged by the Adani Company has filed a petition in the HC on 7th December 2017 on the correspondence of Special Secretary (Power)’s stated that government would not refund the said amount money.

The Single judge bench had clarified that when the cabinet itself had decided to refund the amount after a decision taking by State cabinet on  September 4, 2015 stating that it would review its own decision. In October 2005, the State Government had floated tender in respect of 2 hydro-electric projects of 980 MW called Jangi-Thopan-Powari Power however the project was later cancelled by the state High court.