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4. The tender documents suggested that captive coal mines would be allotted to the Sasan UMPP and being a part of the project, they were linked for the exclusive use of the Sasan UMPP. In this regard, the Ministry of Coal of the Government of India approved the Moher and Moher-Amlori Extension Coal Blocks as captive coal mines for the Sasan UMPP. This was in September, 2006. A little later, the Chhatrasal Coal Block was also approved for captive use by the Sasan UMPP in October, 2006. Both the allocation letters are of some importance and will be adverted to a little later.

9. Acting on the request made by the State of Madhya Pradesh, an Empowered Group of Ministers met on 14th August, 2008 (that is, about a year later) and recommended to the Ministry of Coal to permit the use of the incremental coal blocks allotted to Sasan UMPP by Reliance Power. This was, of course, subject to certain conditions stipulated by the Empowered Group of Ministers.

10. On these broad facts, the grievance made out by Tata Power is simply this: The recommendation made by the Empowered Group of Ministers on 14th August, 2008 completely changed the economics of the Sasan UMPP and, therefore, that decision should be quashed and set aside. The consequential relief prayed for by Tata Power is that Reliance Power should not be allowed to utilize the coal from the captive mines allocated for the Sasan UMPP or, if necessary, the entire project be retendered. According to Tata Power, since the economics of the project has completely changed, the entire tender process is vitiated.

11. The Union of India through the Ministry of Power and Ministry of Coal appeared on advance notice and filed a counter affidavit wherein it has broadly been submitted that Tata Power has suppressed material facts and documents inasmuch as all the bidders were specifically told by a letter dated 20th November, 2006 that as in the case of the Chhatrasal coal block, the Central Government was entitled to approve the sale, delivery, transfer or disposal of coal from the Moher and Moher-Amlori Extension coal blocks for purposes other than captive mining for the Sasan UMPP. It was submitted that under these circumstances, there was no deviation of the tender conditions or any alteration therein to the advantage of any particular bidder or to the disadvantage of any particular bidder. The Union of India has also submitted that Tata Power is not a person aggrieved inasmuch as it had withdrawn from the tender process by not extending the validity of its bid. As such, it could not maintain the writ petition.