The government has charged Tata Power Co for filing a writ petition — in the matter of coal diversion from Reliance Power’s Sasan project — on a “totally false basis” and one that gives “a completely misleading and erroneous impression”.
In its counter affidavit filed in the Delhi High Court on Thursday, a copy of which is available with the Hindustan Times, the government also said that Tata Power has no locus standi to file a petition and seek relief.
Tata Power was one of the initial nine bidders for the Sasan power project and had recently filed a petition challenging government’s decision to allow Reliance Power to divert coal from the captive mines of Sasan for use in other projects.
“Tata Power has no legal right (to file a petition) as it waived its rights by withdrawing from the tender process of Sasan ultra mega power project,” the affidavit stated. “Entire basis of the petition is false and purely misconceived as Tata Power did not disclose all facts.”
When contacted, the Tata Power spokesperson refused to offer any comments, saying “the matter was sub judice”.
However, a source close to Tata Power said, “The main thrust of the petition is not to challenge the government authority to divert coal but the fairness and lack of transparency of the decision which has disturbed the level playing field.”
The government’s counter affidavit further said the misconceived nature of the case can be seen from the fact that two coal blocks recently allotted to Tata Power also have the condition that coal can be used for purpose other than for which the blocks have been allotted.
“Therefore, it is totally misconceived for Tata Power (the petitioner) to suggest that there has been a deviation of tender conditions and/or that there has been subsequent alteration of the tender conditions to benefit Reliance Power.”