Azure Power Forty Pvt. Ltd. claimed the Gauhati High Court in an order on Friday directed that ‘status quo’ be maintained in respect of the land possession for a 15 MW solar power project at Mikir Bamuni in Nagaon.
Azure Power Forty Pvt. Ltd. is a division of Azure Power India Private Ltd., one of India’s leading solar power companies.
The power company informed that a writ petition, WP (C) 753/2021, was filed in Gauhati High Court with respect to a 15 MW Solar Power project at Mikir Bamuni in Nagaon, which is a part of the largest solar power in Assam.
It said the project was awarded by the Assam Power Distribution Company Limited (APDCL) through a competitive bidding in 2018 and the matter was listed and heard on March 5, 2021 by the High Court.
The High Court, vide an order on March 5, 2021, directed that ‘status quo’ be maintained by both parties in respect of the land possession, the company said in a statement.
The project land was handed over to the company by the circle officer of Samguri on October 8, 2020 in compliance with an HC order on September 29, 2020 while disposing a review petition (no. 74/2020), filed by the company (Azure Power versus Lakhi Ram Mardi and 14 others).
“The company has been in possession of the project land since then and has been constructing the project which is approaching commissioning,” Azure Power stated.
The company further stated that the order dated March 1, 2021 passed in IA (Civil) No. 528/2021 filed by Bar Singh Kro, directing for “status quo by both the sides in respect of the suit land”, was in favour of the company as the land was in control and possession of the company and that no stay was directed by the court despite a relief of stay being sought by Bar Singh Kro.
“Further, in view of the latest development and order dated March 5, 2021, passed by the High Court, the court reconfirmed that there is no stay on the construction and operations of the company on the project site,” the company said.
The company said due to certain disturbance at the project site on March 3, 2021 and apprehending threat to the safety and security of the project property and manpower involved, project construction work was temporarily held up on March 3, 2021.
“However, the work is now resumed to avoid delay in power project which is of prime public interest,” it said.
Shankar Bhattarjee, counsel for Azure Power Forty, “We have always maintained that procurement of land by Azure was in accordance with due process of law and no law was violated in this regard. All stakeholders were taken into confidence before land was purchased.”