9911796707
TMI Blog2022 (7) TMI 1481X X X X Extracts X X X X X X X X Extracts X X X X ..... quash and set aside order dated 07.05.2022 passed by the Respondent No. 1, i.e. Principal Chief Conservator of Forests, Bangalore, whereby and whereunder the Respondent No. 1 directed the Chief Conservator of Forests, (Respondent No. 2), Ballari Circle, Ballari, to initiate the suspension of the operation of windmills till further order. It is also prayed that the Respondents (officials of the Forest Department, Karnataka State) may be directed to allow the corporate debtor to run the windmills and issue further directions to Respondent No. 1 to direct BESCOM to continue releasing 90% of the power sale revenue to the customers of the corporate debtor and continue retaining 10% thereof. 2. The notice of this application has been served upo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ee of Creditors of Educomp Solutions Limited & Anr. [Civil Appeal No. 3224 of 2020 and other appeals] (ii) This Adjudicating Authority is in the process of hearing IA No. 476 to 2018 filed by the RP for approval of the Resolution Plan. Almost about 40 applications are filed by various stakeholders opposing the RP's application for approval of Resolution Plan. Day-to-day hearing of aforesaid applications is being held but due to voluminous record and submissions of a number of Ld. Counsels appearing for the parties, the hearing could not be completed till this date. (iii) Meanwhile, the RP filed captioned IA for direction to the respondents to allow him to operate the windmills which are installed on the forest land. We have noted al ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Company (BESCOM) withheld the revenue likely to be shared with the User Agency for the power generation to the tune of approximately Rs. 370.00 lakh as per a tentative estimation. If so, the windmills could be permitted to run so that there was no disruption of power generation and minimum required maintenance of the machines could be carried out. Under the above circumstances, PCCF (Hoff) directed the DCF Chitradurga to permit the user agency to undertake the minimum maintenance of the Wind Mills to keep them running and inform the BESCOM to withhold an amount of Rs. 370.00 lakh from the power revenue due to the user agency till proper clearance under Forest Conservation ACT 1980 is in place. FC proposal was uploaded on 09-01-2020 the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... embers deliberated in detail and came to a consensus that continuation of the windmill is not tenable in this situation. Hence, following decisions were taken: 1. To immediately suspend the operations of the Wind Mills till further orders. 2. The User Agency to comply to all EDS queries raised by Chief Conservator of Forests Bellary and CCF to submit the completed FC proposal within a week without fail. 3. Chief Conservator of Forests, Bellary to contact BESCOM for Withholding all further payments in respect of the project." (vi) On 07.05.2022 decision of the Respondent No. 1 was conveyed to the Chief Conservator of Forests, i.e. Respondent No. 2. (vii) On perusal of the order dated 07.05.2022, passed by Respondent no. 1, it appea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ative estimation. If so, the windmills can be permitted to be run so that there is no disruption of power generation and minimum required maintenance of the machines can be permitted. Under the above circumstances, you are directed to take the following action on the request dated 05.06.2020 of the User Agency: (i) Permit the User Agency to undertake the minimum maintenance of the windmills to keep them running, and (ii) Inform the BESCOM to withhold an amount of Rs. 370.00 lakh from the power revenue due to User Agency till proper clearance under Forest (Conservation) Act, 1980 is in place. Compliance of the above directions may be reported to this office through Chief Conservator of Forests, Ballari Circle, at the earliest." 5. S ..... X X X X Extracts X X X X X X X X Extracts X X X X
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