HC dismisses Jaypee group review petition

“The damages have been imposed because we felt that it would not be proper to order the dismantling of the cement plant since it would affect the livelihood of a large number of innocent people…there is no error apparent on the face of the record,” the court said.

The bench had also ordered that Rs 10 crore from the fine would go towards benefits for the villagers,whose common land had been taken to set up the plant. The company,in its review petitions had claimed that the court had erred in ordering the dismantling of the Captive Thermal Power Plant (CTPP) because it had never been set up. The review petitioners also sought clarification that the civil structure intended for the use of the CTPP may be permitted to be used for other purposes permissible by law. It had also raised legal questions on the imposition of the penalty of Rs 100 crore.

The court rejected the company’s contention that the CTPP had not been made functional by the company. It said that the construction of the thermal plant was taken up on June 2006 before the consent to establish (CTE) was given by the Board and that the construction was completed despite the CTE being withdrawn.

The court also ordered the formation of a Special Investigation Team headed by Additional DGP (Vigilance) K C Sadyal to identify government servants who failed to perform their duty.