KARMA THINLAY LAMA Vs. THE STATE OF SIKKIM
LAWS(SIK)-2014-12-4
HIGH COURT OF SIKKIM
Decided on
December 12,2014
Karma Thinlay Lama
Appellant
VERSUS
The State of Sikkim
Respondents
Referred Judgements :-
BHARAT SINGH V. STATE OF HARYANA [REFERRED TO]PRABIR KUMAR DAS V. STATE OF ORISSA [REFERRED TO]
STATE OF UTTARANCHAL V. BALWANT SINGH CHAUFAL & ORS. [REFERRED TO]
ASSOCIATION FOR ENVIRONMENT PROTECTION V. STATE OF KERALA & ORS. [REFERRED TO]
RAM SARUP GUPTA VS. BISHUN NARAIN INTER COLLEGE [REFERRED TO]
RURAL LITIGATION AND ENTITLEMENT KENDRA VS. STATE OF UTTAR PRADESH [REFERRED TO]
A HAMSAVENI A SOOSAI J DEVID BASKAR S RAMESHBABU K PARTHASARATHY VS. STATE OF TAMIL NADU [REFERRED TO]
LARSEN AND TOUBRO LIMITED VS. STATE OF GUJARAT [REFERRED TO]
NARMADA BACHAO ANDOLAN VS. UNION OF INDIA [REFERRED TO]
ATUL CASTINGS LIMITED VS. BAWA GURVACHAN SINGH [REFERRED TO]
GURUVAYUR DEVASWOM MANAGING COMMITTEE VS. C K RAJAN [REFERRED TO]
ASHOK KUMAR PANDEY VS. STATE OF WEST BENGAL [REFERRED TO]
ASHOK LANKA VS. RISHI DIXIT [REFERRED TO]
BOMBAY DYEING AND MFG CO LTD VS. BOMBAY ENVIRONMENT ACTION GROUP [REFERRED TO]
SUSETHA VS. STATE OF TAMIL NADU [REFERRED TO]
FOMENTO RESORTS AND HOTELS VS. MINGUEL MARTINS [REFERRED TO]
RAMESH VS. STATE OF KARNATAKA [REFERRED TO]
RAJASTHAN PRADESH V S SARDARSHAHAR VS. UNION OF INDIA [REFERRED TO]
NARMADA BACHAO ANDOLAN VS. STATE OF MADHYA PRADESH [REFERRED TO]
PREM PRAKASH ALIAS LILLU VS. STATE OF HARYANA [REFERRED TO]
ALAKNANDA HYDRO POWER CO. LTD VS. ANUJ JOSHI [REFERRED TO]
JUDGEMENT
Sunil Kumar Sinha, J. -
(1.)MADHYA Bharat Power Corporation Ltd. (MBPCL) is a power generating company. The company has been engaged by the Government of Sikkim for developing a 96 MW Hydro Electric Project (HEP) in East District of Sikkim by an Agreement dated 01.03.2006. The date of commercial operation of the Project has been extended upto June, 2016. As stated by counsel for Respondent No. 3, now about 35% work has already been completed and the rest is going on.
(2.)THE Project consists of several components including the digging of Head Race Tunnel (HRT), which passes through different places, namely Namli, Khongsey, Basilakha, Priklakha, Nimtar, Mangthang, Lower Sumin, Middle Sumin, Samsing and Jitlang in Duga Block.
The HRT has to be constructed in parts from various Adits. These Adits are Adit -0 to Adit -III. Each Adit has two faces to facilitate the construction. Adit -0 has Face -1 & Face -2; Adit -I has Face -3 & Face -4; Adit -II has Face -5 & Face -6 and Adit -III has Face -7 & Face -8.
(3.)THE survey work for the Project was awarded by the MBPCL to one M/s. Globe Tech Engineering Survey after due tendering process. Globe Tech, after completion of the survey works, submitted its Strip Survey Contour Map of the entire HRT to finalise the alignment of the tunnel. On the basis of Contour Map by the said agency, the alignment of the HRT was finalized by the Civil Construction Designer of the MBPCL.
(2.)THE Project consists of several components including the digging of Head Race Tunnel (HRT), which passes through different places, namely Namli, Khongsey, Basilakha, Priklakha, Nimtar, Mangthang, Lower Sumin, Middle Sumin, Samsing and Jitlang in Duga Block.
The HRT has to be constructed in parts from various Adits. These Adits are Adit -0 to Adit -III. Each Adit has two faces to facilitate the construction. Adit -0 has Face -1 & Face -2; Adit -I has Face -3 & Face -4; Adit -II has Face -5 & Face -6 and Adit -III has Face -7 & Face -8.
(3.)THE survey work for the Project was awarded by the MBPCL to one M/s. Globe Tech Engineering Survey after due tendering process. Globe Tech, after completion of the survey works, submitted its Strip Survey Contour Map of the entire HRT to finalise the alignment of the tunnel. On the basis of Contour Map by the said agency, the alignment of the HRT was finalized by the Civil Construction Designer of the MBPCL.
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