Udupi Power Corporation Limited - List of Litigations

Name of the Forum / Court / Tribunal Subject Matter of the Case Latest Status as in Sl. No. Case No. before which case is June 2015 subjudice 1. High Court of The appeal is to challenge the order of Matter is sub-judice. WA 1396/2009 Karnataka Single Judge of Hon’ble High Court of Order / judgement in Karnataka dismissing the WP 13006/2007. the case is awaited. WP was dismissed upholding the acquisition in favour of Udupi Power Corporation Limited. The main grievance of the petitioner in the appeal is that the learned Single Judge failed to hold that the beyond 9 years from the notification i.e. 14.9.2008 onwards, no land should be acquired for dumping the ash. Principal Sr. CJ & Petitioners are claiming the compensation Matter is sub-judice. 2. WCA/CR/32/10F/2010 CJM, Mangalore, DK for death of their relative during the Order / judgement in course of employment with UPCL. the case is awaited. 3. District Judge, Application made under Section 34 of the Matter is sub-judice Arbitration Suits 40- Bangalore Arbitration And Conciliation Act 1996 Order / judgement in 43/2011 Challenging the four Awards of Arbitration the case is awaited. Tribunal In the matter of Arbitration between Simplex Infrastructure and UPCL. 4. District Judge, Simplex filed objection petition under Matter is sub-judice. Arbitration Suits No. Bangalore section 34 of the Arbitration Act Order / judgement in 45 to 48/2011 challenging the Arbitral Tribunal award the case is awaited. dated 5.3.2011. 5. Arbitration District Judge, As Arbitration Suits before Court to Matter is sub-judice. Applications No. Bangalore restrain from transferring of shares of Order / judgement in 384/2014 Udupi Power Corporation Limited by its the case is awaited. 386/2014 promoter to Adani Power Limited. 388/2014 389/2014 6. 2nd ACJ (Judicial) Complaint under Section 200 of CrPC for Matter is sub-judice. CC 1712/2011 JMFC, Udupi the offence under section 92 of the Order / judgement in Factories Act 1948 on the ground the the case is awaited. Occupier and Manager have violated Section 7A(2)(c) of the Factories Act. 1948. 7. High Court of To quash the Criminal Complaint filed Matter is sub-judice. CRL.P 5671/2011 Karnataka before the II Addl Civil Judge (JR DN) and Order / judgement in JMFC Udupi. the case is awaited. 8. National Green Challenging comprehensive environment Matter is sub-judice. Appeal 51/2012 Tribunal, Chennai clearances granted by the Ministry of Bench. Environment and Forest, Govt. of India to Next hearing scheduled the 1200 MW Thermal Power Project of in NGT on 24-7-2015. the UPCL.. 9. Committee under For deposit of overtime wages at the Matter is sub-judice. MWA/CR-2012 Labour department double rate to security persons for Order / judgement in working beyond 8 hours per day. the case is awaited. 10. Karnataka State Challenging Combined consent order Matter is sub-judice. Appeal No 50/2012 Appellate Authority granted by the Karnataka State Pollution Order / judgement in Control Board for Discharge of effluents the case is awaited. and Emission under the Air (Prevention and Control of Pollution) Act 1981 to the 1200 MW Thermal Power Project of the UPCL for the Year 2012-13. 11. Karnataka State Challenging Combined consent order Matter is sub-judice Appeal No 51/2012 Appellate Authority granted by the Karnataka State Pollution Order / judgement in Control Board for Discharge of effluents the case is awaited. under the Water (Prevention and Control of Pollution) Act 1974 to the 1200 MW Thermal Power Project of the UPCL for the Year 2012-13. 12. Supreme Court Challenging the Order of National Green Matter is sub-judice. Civil Appeal No.2230/ Tribunal dated 11.1.2013 in Appeal Order / judgement in 2013 No.56/2012 allowing the Appeal and the case is awaited. upholding that Appeal by third-parties is permissible under Air & Water Act. 13. Karnataka State Challenging Combined consent order Matter is sub-judice. Appeal No 1/2012 Appellate Authority granted by the Karnataka State Pollution Order / judgement in Control Board for Discharge of effluents the case is awaited. under the Air (Prevention and Control of Pollution) Act 1981 to the 600 MW Thermal Power Project of the UPCL, for the Year 2011-12. Name of the Forum / Court / Tribunal Subject Matter of the Case Latest Status as in Sl. No. Case No. before which case is June 2015 subjudice 14. Karnataka State Challenging Combined consent order Matter is sub-judice. Appeal No 5/2012 Appellate Authority granted by the Karnataka State Pollution Order / judgement in Control Board for Discharge of effluents the case is awaited. under the Water (Prevention and Control of Pollution) Act 1974 to the 600 MW Thermal Power Project of the UPCL, for the Year 2011-12. 15. First Appellate Appeal under section 19 of the Right to Matter is sub-judice. EN 12 PPC 2013 Authority Information Act, 2005 for not providing Order / judgement in Department of the information and certain documents the case is awaited. Energy, GoK sought by the Complainant. 16. Appellate Tribunal for Challenging the CERC interim order Matter is sub-judice. Appeal No.18/2013 Electricity, New Delhi granting provisional tariff for Unit 1 of Order / judgement in UPCL project. the case is awaited. 17. District Court Udupi Claiming enhanced compensation for loss Matter is sub-judice. MC No. 18/2013 of properties, Buildings, improvements etc Order / judgement in for establishment of 400 KV transmission the case is awaited. line between UPCL site to Shantigram, Hassn by KPTCL. 18. National Green This application was a a Public Interest Matter is sub-judice A. No.26/2013 Tribunal, Chennai Litigation before High Court of Karatanaka Bench. filed by Janajagriti Samithi, Nandikur Next hearing scheduled challenging the power project of UPCL at in NGT on 24-7-2015. Udupi District. Petitioner has challenged the Environment Clearance & the extension of EC issued by MoEF, Site Clearance & Consent for Establishment issued by State Pollution Control Board, State Government Orders with regard to Payment Security Mechanism, PPA and Land acquisition Notifications. 19. National Green This application was a a Public Interest Matter is sub-judice. A. No.27/2013 Tribunal, Chennai Litigation before High Court of Karatanaka Next hearing scheduled Bench. filed by two Churches located near ash in NGT on 24-7-2015. pond area in Santhur Village of Udupi District. In the petition, the challenge is to the Consent for Establishment issued for power project by Karnataka State Pollution Control Board and Land Acquisition Notification issued State Government for ash pond area of UPCL. So for as the Challenge to the Land Acquisition, the Hon’ble Court by means of order dated 14.03.2007 rejected the prayer relating the land acquisition on the ground that the individual grievance of the petitioners cannot be entertained in Public Interest Litigation. 20. National Green This application was a a Public Interest Matter is sub-judice. A. No.28/2013 Tribunal, Chennai Litigation before High Court of Karatanaka Next hearing scheduled Bench. filed by nine Temples situated surrounding in NGT on 24-7-2015. the main plant area of Udupi thermal power project at Yellur Village. The main grievance of the petitioners in the petition is that the power project of the UPLC will pollute the region and thereby people residing in and around the temples will move away and their rights to practice religion will be violated. 21. Karnataka State The complainant has alleged that UPCL Matter is sub-judice. HRC – 5306/11 SB Human Rights power plant at Udupi District is polluting Order / judgement in Commission the the case is awaited. locality thereby violating their human Rights.

22. Karnataka State The Complaints stated that UPCL is not Matter is sub-judice. HRC 3422/2012 Human Rights paying the compensation. KSHRC has Order / judgement in Commission registered complaint and issued notices the case is awaited. Government of Karnataka, DC Udupi and UPCL for submission of reply/report. 23. Central Electricity KSEB open access applications for 18.5 Matter is sub-judice. Petition No. Regulatory MW of power generated by UPCL denied Order / judgement in 517/MP/2014 with IA Commission, New by SLDC and PSOCL. UPCL filed petition the case is awaited. NO. 63/2014 Delhi. to direct respondednt to grant open Name of the Forum / Court / Tribunal Subject Matter of the Case Latest Status as in Sl. No. Case No. before which case is June 2015 subjudice access.

24. Customs Excise and To set aside Order in Original No. 11/2013- Matter is sub-judice. Appeal No. Service Tax Appellate Commr dated 29.11.2013 passed by the Order / judgement in C/21705/2014-DB Tribunal, Bangalore Commissioner of Customs, Mangalore and the case is awaited. Stay Application - allow the appeal in full with consequential C/Stay/21895/2014 relief to the Company. 25. Customs Excise and To set aside Order passed by the Matter is sub-judice Appeal No. Service Tax Appellate Commissioner of Customs, Mangalore and Order / judgement in C/20589/2014-DB Tribunal, Bangalore allow the appeal in full with consequential the case is awaited. relief to the Company. 26. Customs Excise and To set aside Order passed by the Customs Matter is sub-judice. Appeal No. Service Tax Appellate and Central Exercise (Appeals), Bangalore Order / judgement in C/25032/2013-SM Tribunal, Bangalore and allow the appeal in full with the case is awaited. consequential relief to the Company. 27. High Court, New Delhi Challenging CERC Tarif Regulation for the Matter is sub-judice. WP 2282/2014 period 2014-19. Order / judgement in the case is awaited. 28. Appellate Tribunal for Challenging the CERC order granting final Matter is sub-judice. Appeal No. 108/2014 Electricity, New Delhi tariff for 1200 MW thermal power project Order / judgement in & IA No. 199/2014 of UPCL the case is awaited. 29. Appellate Tribunal for Challenging CERC granting final tariff Matter is sub-judice. Appeal No. 122/2014 & Electricity, New Delhi order for 1200 MW thermal power project Order / judgement in IA. 219/ 2014 of UPCL. the case is awaited. 30. Appellate Tribunal for Challenging the CERC order dated Matter is sub-judice. Appeal No.119/2014 Electricity, New Delhi 20.02.2014 granting final tariff for 1200 Order / judgement in MW thermal power project of UPCL. the case is awaited. 31. Central Electricity Beneficiaries of the PGCL station at Matter is sub-judice. Petition No. Regulatory Authority, Hassan have to bear point of connection Order / judgement in SM/10/2014 New Delhi charges for which necessary agreements the case is awaited. has to be signed. CERC has registered suo-moto case to resolve issue 32. Central Electricity Regarding compliance with the provision Matter is sub-judice Suo Moto Petition No. Regulatory Authority, of Clause (7) of Regulation 30 of the Order / judgement in SM/014/2014 New Delhi Central Electricity Regulatory Commission the case is awaited. (Terms and Conditions of Tariff) Regulations, 2014. 33. Before the Hon’ble Questioning the conversion of some land. Matter is sub-judice. SUO Secretary Revenue Order / judgement in MOTU/MSN/1/2010 Department (Dispute) the case is awaited. Government of Gujarat at Ahmedabad

34. High Court, As per the Judgement of Hon’ble Supreme Matter is sub-judice. Writ Petition No. Bangalore, Karnataka Court of India dated 31.01.2014 passed in Order / judgement in 18321/2014 WP (Civil) No.79/2005 it has put forward the case is awaited. the suggestions with regard to lack of proper health delivery system, evaluation of occupational health status, safety and protection of the workers of the employees of the Coal Fired Thermal Power Plants (CFTPPs) in India and opined that it is appropriate to relegate the various High Courts to examine the issues contained in the respective states after calling for necessary reports from the CFTPPs. Hence Hon’ble High Court of Karnataka registered a Suo Moto Writ Petition in the larger interest of the workers working in CFTPPs.