ORDER :

Sandeep Mehta, J.

1. These two petitions termed to be Public Interest Litigation question, orders No.1307 and 1317 dated 23.4.2021 whereby, the State Government has allotted chunks of land to the respondent M/s. SBE Renewables Ten Projects Private Limited for establishing a solar project in the village Riwadi.

2. The Solar Energy Corporation of India (a Govt. of India enterprise) issued a Letter of Award in favour of the respondent M/s. SBE Renewables Ten Projects Private Limited (hereinafter to be referred as ‘the company’) for establishing Inter State Transmission System Connected Wind Solar Hybrid Power Projects (Tranche-I). In furtherance of the said Award, the State Government sanctioned allotment of lands to the company on lease basis for establishing the solar project. The petitioners are opposed to the allotment of the land so made to the company for establishing the solar power plant.

3. Before entering into the merits of the case, we would like to extract the quotes of world leaders, scientists and environmentalists on the aspects of climate change and its impact which, by use of renewable energy, can help in reversing the process of global warming which has started having a serious adverse impact on the world at large.

“Solar Energy is ‘Sure’, ‘Pure’ and “Secure’.”

“India plans to produce 450 GWS of power through solar energy and other renewable energy sources by 2030”

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-Hon’ble Prime Minister of India

Shri Narendra Modi

“I’d put my money on the sun and solar energy. What a source of power! I hope we don’t have to wait until oil and coal run out before we tackle that.

-Thomas Edison, 1931

“And no challenge poses a Greater threat to future generations than climate change.”

“no challenge – no challenge - poses a greater threat to future generations than climate change.”

-President Barack Obama

State of the Union Address 2015

“The time is past when humankind thought it could selfishly draw on exhaustible resources. We know now the world is not a commodity.”

Francois Hollande on Climate Change

President of the French Republic

4. In this background, we are examining the challenge laid in this Court by the petitioners to the allotment of land made in favour of ‘the company’.

5. Before proceeding to deal with the matters on merits, few important preceding facts and events as they transpired during the course of hearing need to be highlighted.

6. Both these writ petitions were listed in the Court on 23.03.2022 on which date, arguments were commenced in the pre-lunch session. The petitioner’s counsel addressed the Court for a significant period of time. The Bench rose for lunch with a clear understanding that the arguments would be resumed in the post lunch session. However, when the arguments were resumed postlunch, the petitioner’s counsel Shri Moti Singh was not available and his associate Advocate Shri Joginder Singh persistently made a request to adjourn the matters. Since, significant judicial time had already been consumed in hearing the cases in pre-lunch session, the Court proceeded to hear the arguments of the respondents’ counsel and thereafter, waited for the petitioner’s counsel to appear but he did not turn up in the Court till the Board was finished and the Court rose for the day and accordingly, the order was reserved in both the writ petitions giving liberty to the petitioner’s counsel to submit written submissions. The matters were posted for dictation of order today. The Registry has apprised this Court that in the intervening period, the petitioner’s counsel moved an application to Hon’ble the Acting Chief Justice alleging that the hearing of the matter was closed in an arbitrary manner and thus, the same should be listed before Hon’ble the Acting Chief Justice. The said application stands rejected by Hon’ble the Acting Chief Justice.

7. Shri Moti Singh, learned counsel representing the petitioner has presented written s