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IN THE HIGH COURT AT CALCUTTA
RAJA BASU CHOWDHURY
Tushar Kanti Roy – Appellant
Versus
Damodar Valley Corporation – Respondent
Judgment :
Raja Basu Chowdhury, J.
1. The instant writ petition has been filed, inter alia, praying for a direction upon the respondents and each of them to continue the supply of fly ash to the petitioner as per the terms and conditions contained in the agreement dated 1st January, 2019.
2. The petitioner is engaged in the lifting and selling dry fly ash from various thermal power plants in West Bengal. The petitioner carries on business under the name and style of Satyam Sales. According to the petitioner, in the year 1996, the respondent no.1 had commissioned Mejia Thermal Power Plant situated at Durlavpur, Bankura (hereinafter referred to as the “MTPS”). MTPS is one of the coal-based power plants of the respondent no.1 and apparently is the largest power plant in terms of generating capacity in the State of West Bengal. Coal is one of the raw materials used in the power plant. Since, large quantities of fly ash is generated as a by-product, which is hazardous to the environment as would corroborate from the notification issued from the Ministry of Environment and Forest dated 14th September, 1999 read with notification dated 27th August, 2003 the respondent no.1 had made provision
Judicial modification of an arbitral award is permitted under Section 34 of the Arbitration and Conciliation Act, allowing courts to ensure efficient dispute resolution while preventing redundant arb....
The tribunal emphasized the need for rigorous auditing and compliance with environmental regulations governing fly ash utilization, stressing the accountability of authorities.
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