K'taka HC sets aside NCLT order regarding windmills on forest land
Bengaluru, Apr 18: The Karnataka High Court has quashed the order of the National Company Law Tribunal (NCLT) that had passed an order allowing the operations of windmills on forest land in the state to a Mumbai-based company.
The HC said the tribunal did not have jurisdiction over the matter of setting aside a government order.
"The company could not have knocked at the doors of the Tribunal as it completely falls beyond the purview of the Code, being in the realm of public law, since the State has exercised its jurisdiction in drawing up the proceedings and directing forest clearances to be submitted by the corporate debtor, the petitioner, in exercise of powers conferred under the Statute. Therefore, they are in the realm of public law," Justice M Nagaprasanna said in his judgment.
The tribunal had no jurisdiction to direct functioning/continuing of the windmill without the forest clearance, merely because the state had granted such permission at an earlier point in time, the court stated.
The Principal Chief Conservator of Forests and other senior officers of the Forest Department had approached the HC against the NCLT, Ahmedabad Division Bench's order in favour of Wind World (India), a Mumbai-based company.
The company had been granted a lease of 221.80 hectares of forest land for a period of 15 years in 2003. It applied for renewal of lease in 2020 which was pending. In the meantime, the company sought permission to start a windmill and the permission was given subject to the clearance of the Forest Department.
Since 2018, the company was before the tribunal for insolvency proceedings and the permissions were granted during this period.
The state government suspended operations of the windmill in May 2022 as the forest clearances were not placed before it. The company did not challenge these orders but, however, approached the tribunal.
The NCLT ordered the state government to permit functioning of the windmill "by holding that it was essential to resolve insolvency of the corporate debtor i.e., the Company."
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The Forest Department approached the HC stating that the tribunal could not have acted as a constitutional court to suspend the order or the proceedings of the state government and permit functioning of the windmill.
"All these are powers vested in the constitutional courts and not on the Tribunal," the department said in the HC.
Allowing the Forest Department's petition and quashing the tribunal's order, the HC said: "None of the contentions of the learned senior counsel for the company would merit acceptance. It is open to the company to produce all the necessary clearances as is sought by the state if the company wants to continue with the operations."
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Passing out parade held at IMA Dehradun, 491 young officers join Indian Army
Dehradun(PTI): After undergoing rigorous training at the Indian Military Academy (IMA) in Dehradun, 491 cadets participated in a grand Passing Out Parade on Saturday and will now be commissioned as officers in the Indian Army.
The spectacular parade, held at the historic Drill Square in front of the academy's Chatwood Building, was reviewed by Army Chief General Upendra Dwivedi, who served as the reviewing officer.
Along with 491 Indian cadets, 34 foreign cadets from 14 friendly countries also participated in the Autumn Term 2025 Passing Out Parade.
A total of 525 officer cadets from the 157th Regular Course, 46th Technical Entry Scheme, 140th Technical Graduate Course, 55th Special Commissioned Officers Course, and Territorial Army Online Entrance Exam 2023 Course participated in the Passing Out Parade.
The 'Sword of Honour' and gold medal for securing first place during training was awarded to ACA Nishkal Dwivedi, the silver medal to BUO Badal Yadav for second place, and the bronze medal to SUO Kamaljeet Singh for third place.
The silver medal for securing first place in the 'Technical Graduate Course' was awarded to Officer Cadet Jadhav Sujit Sampat, and the silver medal for first place in the 'Technical Entry Scheme-46' was awarded to WCC Abhinav Mehrotra.
The silver medal for the 'Special Commission Officer Course' was given to Officer Cadet Sunil Kumar Chhetri.
Among the foreign cadets, the first place in merit was secured by JUO Mohammad Safin Ashraf from Bangladesh. The Army Chief's Banner for overall best performance in the Autumn Term was awarded to Imphal Company.
As the parade concluded, helicopters showered flowers on the newly commissioned officers from the sky.
On this occasion, General Dwivedi congratulated the new officers in his address for successfully completing their training. He praised the young officers for their high level of discipline, leadership qualities, and endurance, and urged them to uphold the glorious traditions of the Indian Army and serve the nation with loyalty, commitment, and honour.
General Dwivedi said that joining the army marks the beginning of a lifelong duty and selfless service.
The parents and guardians of the newly commissioned officers were also present during the passing out parade.
