# In the matter of Principal Chief Conservator of Forests & Ors. vs. Wind Word (India) Ltd. Writ Petition No. 20083 of 2022

> HC judgment dated 2023-04-13. Citation: TCN-2023-HC-00065. The case involves a writ petition filed by the Principal Chief Conservator of Forests, Government…

- **Court:** HC
- **Order date:** 13 Apr 2023
- **Citation:** TCN-2023-HC-00065
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/high-courts-new-delhi/principal-chief-conservator-of-forests-ors-vs-wind-word-9951d095

## Summary

### Background

The case involves a writ petition filed by the Principal Chief Conservator of Forests, Government of Karnataka, challenging an order passed by the National Company Law Tribunal (NCLT), Ahmedabad, under Section 60 of the Insolvency and Bankruptcy Code (IBC), 2016. The respondent, M/s Wind World (India) Limited, was granted a lease for forest land by the Karnataka Renewable Energy Development Corporation Limited (KREDL). The lease expired, and the company applied for renewal, which was pending. The company was declared insolvent, and proceedings were initiated before the Tribunal under Section 14 of the IBC. The State government, noticing the lack of forest clearances, initiated proceedings to suspend the windmill operations. The Tribunal directed the State Government to

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## Facts

M/s Wind World (India) Limited was granted a lease by the Karnataka Renewable Energy Development Corporation Limited (KREDL) for 221.80 Hectares of forest land under a lease deed dated 03-09-2003. The lease was for 15 years and expired on 19-06-2018. The Company applied for renewal of the lease on 09-01-2020, which was pending consideration. The Company requested the State to permit it to start the windmill to prevent damage, and permission was granted on 23-07-2020, subject to forest department clearance. The Company was declared insolvent and was before the Tribunal invoking Section 14 of the Code. Proceedings were pending before the Tribunal from 2018. The State, noticing the lack of forest clearances, initiated proceedings on 07-05-2022 to suspend the windmill

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## Issues and analysis

### Issue 1: Whether the Tribunal has exceeded its …

**Ratio:** The NCLT is a creature of a special statute and cannot be elevated to the status of a

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**Reasoning:** The court reasoned that the NCLT's jurisdiction is limited by the statute that created it

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**Interpretation:** The interpretation of Section 60 of the IBC and the powers conferred upon the

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**Application:** The court applied the ratio to the facts by stating that the issue of forest

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## Parties

- **Judges:** M. NAGAPR…
- **Appellants:** THE PRINCIPAL…
- **Respondents:** Wind World…; M/S. WIND WORLD…
- **Other parties:** Kohi…

## Timeline

- **2003-09-03 — Lease Gr…**: M/s Wind World (India) Limited was granted a lease for forest land by the Karnataka…
- **2018-06-19 — Lease Ex…**: The lease granted to M/s Wind…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 60 — Adjudicating Authority for corporate persons](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-60)

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