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2015 Supreme(P&H) 1279

K.KANNAN
Satia Paper Mills Limited – Appellant
Versus
Punjab State Electricity Board through its Chairman, The Mall, Patiala – Respondent


Advocates:
Advocate Appeared:
For the Petitioner in CWP Nos. 11293, 12958 and 7414 of 2004:Puneet Jindal, Senior Advocate with Ms. Sakshi, Advocate.
For the Petitioner in CWP Nos. 5595, 5819, 7699, 7785, 9419, 10505, 10509, 10880, 11753, 12451, 13585, 14234 of 2003; 7383 of 2004; 5983, 6405, 12460, 14660, 14662, 6405 of 2006; and 568 of 2007:Rahul Sharma, Advocate.
For the Respondent - Vikas Chatrath, Advocate,S.S. Siao, Advocate.
N.S. Boparai, Advocate, Ajay Nara, Advocate, Deepak Sabharwal, Advocate, Manjit Singh Khaira, Senior Advocate with Dharminder Singh Randhawa, Advocate, Ms. Vandana Malhotra, Additional Advocate General, Punjab.

JUDGMENT :

K. Kannan, J.

All these writ petitions are at the instance of the Industrial Consumers who are at once power generators as well, generating power, encouraged by a policy of the Government for a New and Renewable Sources of Energy (NRSE) Policy-2001. The Government of Punjab through the Department of Science Technology Environment and Non-Conventional Energy notified, in exercise of its power conferred under Section 39 of the Electricity Regulatory Commissions Act of 1998 that sugar, paper, fertilizer chemical, textile and other industry had an estimated potential of 220 MW for co-generation and adoption of such a process by these industrial units be recognized not only to augment the State grid capacity by 220 MW of what they were capable of producing but would also create conducive conditions for improving their financial health and resources. The petitioners would contend that as industries engaged in sugar manufacture and paper, they had adequate agricultural waste which could be used for generation of power. Their activity of power generation by the State, was a


































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