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SC asks Centre to file reply to CITU's application on Enron

The Supreme Court today directed the Union Government to file within four weeks its reply to an application filed by the Centre of Indian Trade Union seeking review of the controversial Enron Power Project in Maharashtra.

The application also sought the permission of the court to enable the CITU to pursue the matter in its representative capacity as it involved issues of public importance.

The direction was issued by a three-judge bench headed by Chief Justice A S Anand during resumed hearing of a special leave petition by the CITU, challenging a Bombay High Court order dismissing its writ petition against the validity of the project.

By an order dated May 2, 1997, the apex court had declined to consider the question of the validity of the project as it was at that stage and also declined leave to the petitioner to pursue the matter in its representative capacity.

The court, however, admitted the petition on the question of the accountability of the State of Maharashtra and concerned public servants holding significant public offices in view of the prima facie inconsistency in their stand on the project from time to time.

Arguing on the application, Senior Counsel Shanti Bhushan, appearing as amicus curiae, submitted that important developments had taken place which belied the assumption on the basis of which the court refused to grant leave earlier to the petitioner on the issue of the validity of the project and the contract.

There was no statutory evaluation of the project by the central electricity authority before the project was allowed to go through, the counsel added.

UNI

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