Dismantling of plant: JAL files review petition in HC

Told to submit a penalty of Rs 100 crore and dismantle its thermal power plant at Bagheri in Solan district last month by the a green bench,the Jaiparkash Associates Limited has filed a review petition in the Himachal Pradesh High Court claiming that it had never commissioned the plant and thus there can’t be dismantling of the machinery.

Written by Express News Service | Shimla | Published: June 2, 2012 3:21 am

Told to submit a penalty of Rs 100 crore and dismantle its thermal power plant at Bagheri in Solan district last month by the a green bench,the Jaiparkash Associates Limited (JAL) has filed a review petition in the Himachal Pradesh High Court claiming that it had never commissioned the plant and thus there can’t be dismantling of the machinery.

A green bench comprising Justice Deepak Gupta and Justice Sanjay Karol adjourned the case for June 15. JAL contended that it did not install any plant or machinery in the civil structure proposed to house the captive thermal power plant (CTPP).

“The CTPP never functioned till date and it remained a civil structure,” the petition reads.

The company suffered another blow on Thursday with a division bench comprising Chief Justice Kurian Joseph and Justice Dharam Chand Chaudhary reversing an earlier order and holding that the company was not entitled to tax concessions and instead would be liable to pay Rs 60 crore in taxes to the state government.

A senior excise and taxation official said the department has already recovered Rs 50 crore from the company and “remaining Rs 10 crore will be claimed soon.”

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