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Dabhol project: SC reserves order on state's stand
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SME Times News Bureau | 15 Mar, 2019
The Supreme Court on Thursday reserved its judgment on the plea seeking
to fix accountability of the Maharashtra government, on account of
inconsistent stand taken by it from time to time, on the scrapped Dabhol
Power Project that was set up by the Enron Power Corporation.
The
bench of Chief Justice Ranjan Gogoi, Justice Sanjay Kishan Kaul and
Justice Sanjiv Khanna reserved the order after Maharashtra government
told the court that it was collecting information on the officers who
were conversant with the project and had dealt with it.
The court
in the last hearing of the matter on February 14 had sought the
assistance of these officers, who might have retired, but were
conversant with the scrapped project that turned out to be a drain on
the exchequer.
Telling the court that it was yet to receive
instructions from the state government whether it was inclined to
inquire into its alleged inconsistent stands taken from time to time,
Maharashtra counsel Nishant Katneshwarkar, however, said that whatever
the court decided would be acceptable to them.
Earlier, senior
counsel Rajeev Dhawan, who is assisting the court as amicus curiae,
referred to then Home Secretary Madabv Godbole Committee's 2001 report
pointing out that the failure of the government was across the board,
both in administration and policies -- both at the level of Maharashtra
government and the Central government.
Prashant Bhushan appearing
for petitioner Centre of Indian Trade Unions (CITU) referred to the
Godbole committee report to contend that there were lapses, both at the
level of politicians and the officers, and it should be inquired into.
He said that it should also be inquired whether lapses were wilful and intentional, or just negligence.
The
court by its May 2, 1997 order had said the CITU petition raised two
questions -- validity of the project and the contract known as Dabhol
Power Project, and the accountability of the Maharashtra government,
particularly on account of the inconsistent stand taken by it from time
to time.
In the same order, the court had said it was not in
public interest to reopen the question of validity of the project and
awarding of contract, as the same was considered on several occasions in
earlier PILs.
However, the Supreme Court order had said it was
in public interest to consider the second issue relating to the
accountability of the Maharashtra government, particularly on account of
inconsistency in its stand.
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