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through a Government company. Accordingly, the Nuclear Power Board, a constituent unit of the Department of Atomic Energy, Government of India was AJN converted into a Government Company i.e. the NPCIL.

Thus, the NPCIL was incorporated in the year 1987 under the Companies Act, 1956 as a Government company wholly owned by the Government of India. It is under the administrative control of the Department of Atomic Energy. The NPCIL is assigned the activities to design, construct, operate and maintain the Nuclear Power Plants (for short, "the NPPs") within the country. Being a Government company, the NPCIL is performing a sovereign function to generate electricity through Atomic Energy. The Atomic Energy Commission is the apex decision making body. It is responsible for all policy decisions. It has been created through a resolution passed by the Government of India whereby its functions and responsibilities have been fixed.

41. The relevant portions of affidavit of Mr. Arora, which we have quoted hereinabove and annexures thereto clearly show that the Government of India, the NPCIL and the State of Maharashtra have worked in sync. All decisions are taken after due deliberation and consultation. The Site Selection Committee constituted by the Department of Atomic Energy has reviewed, examined and assessed sites for setting up NPPs. Jaitapur site was identified and recommended by the Committee after scientific evaluation and analysis. After considering this AJN report, Department of Atomic Energy issued approval. On 26/9/2005, a meeting was held under the Chairmanship of Chief Secretary, Government of Maharashtra to discuss the proposal regarding setting up of NPP at Jaitapur. The meeting was attended by the Principal Secretary, Revenue Department, Principal Secretary (Energy), Chairman NPCIL and Executive Director, NPCIL. Minutes of the said meeting annexed to the affidavit indicate that the Chairman, NPCIL brought to the notice of the Chief Secretary, Government of Maharashtra, the proposal to set up NPP of capacity of about 6000 to 8000 MW at Jaitapur. He also mentioned the extent of land which is required to be acquired. The Government of Maharashtra was requested to identify Nodal State Government Official with whom NPCIL could co-ordinate on the relevant issues.

3) Energy Department will verify with Irrigation Department, whether water requirements of NPCIL could be met through Arjun river by constructing suitable dam for captive use of NPCIL.

NPCIL will provide funds for the said captive dam and also drinking water to the affected nearby villages.

4) Vijay Durg Port to be developed as AJN captive port by NPCIL is required to be examined by the Home Department.

54. The affidavit of the NPCIL states that in accordance with the guidelines of Atomic Energy Board, an Exclusion Zone encompassing the area within 1.6 KMs radius from the centre of the first and last reactor to be set up is to be maintained free from any inhabitants. It is categorically stated in the affidavit that in the present mapping of the plant area, not a single residential house is falling in the `Exclusion Zone' and therefore no rehabilitation is required of any such person. The affidavit further states that area of 5 KMs from the centre of the plant is considered as Sterilized Zone. It is an area with controlled population density. The residential colony of the employees of the NPCIL is planned outside the Sterilized Zone of the plant. We have already referred to the MOU entered into by the NPCIL with the State AJN Government. In that MOU detailed rehabilitation procedure is incorporated. The MOU brings out various steps involved in the process of formulation of the Rehabilitation plan, its approval by the State Rehabilitation Authority and implementation by the Authorities and Departments responsible for executing each step. It appears that in line with the requirements laid down under the MOU, the process of baseline survey of the families affected by the process of land acquisition in the five villages has been entrusted by the State Government to YASHADA, which is functioning under the direct supervision of the District Collector, Ratnagiri. In the affidavit of the NPCIL, it is stated that the NPCIL has already deposited the entire compensation amount with SLAO, Ratnagiri. Mr. Kamdar learned counsel for the NPCIL assured the court that all facilities which are made available to the employees of the NPCIL will be made available to the persons staying in Sterilized Zone. Mr. Deshmukh, SLAO, Ratnagiri has stated in his affidavit that the provisions of the Maharashtra Project Affected Persons AJN (Rehabilitation) Act, 1986 have been made applicable to the present project. In our opinion, in view of the categorical statements made in the affidavits by the NPCIL and the State Government and in view of the statement made by Mr. Kamdar that the project affected persons will not be discriminated, we are of the opinion that fears expressed by Mr. Sen are baseless.