Per : S.N. Jha, Chief Justice

The dispute in this letters patent appeal arising from a writ petition relates to the Canal Power House, Jammu. The Power House was handed over to the respondent. By the order impugned, the State Government decided to take over it. The respondents challenged the order by a writ petition. By the judgement and order under appeal the impugned order was quashed with a direction to the appellant to give effect to the earlier order. The State of Jammu and Kashmir and others have come in appeal.

2. The case of the respondent shortly stated, is that pursuant to a policy decision of the State Government regarding setting up of small power project in Jammu and Kashmir through private entrepreneurship, on 4-7-2001, they came forward with a proposal a revive and modernize Canal Power House, Jammu, which was lying defunct for more than two decades. Earlier, outside agencies had not shown any interest in making investments in the State, and in the circumstances the Chief Minister had approached the Chamber of Commerce to motivate local private entrepreneurs. On 29-8-2001 the Managing Director, J&K State Power Development Corporation Limited asked the respondents to su

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