"The diversion in Sasan was done after obtaining permission from EGoM," senior advocate Amarender Sharan, appearing for the CBI, told a bench comprising Justices M B Lokur, Kurian Joseph and A K Sikri.
The CBI said the EGoM had cleared the diversion of the coal meant for the UMPP at the request of the Madhya Pradesh Government which was challenged by Tata Power in Delhi High Court on the ground that had it been known to it, the company would also have made a bidding for the coal block.
The CBI was responding to the apex court's question on March 9 whether it has probed the firms which have allegedly diverted coal for commercial exploitation instead of using them for electricity generation in UMPPs.
It had also asked CBI to inform the bench about the probe, if any, conducted into alleged sub-leasing of coal blocks by public sector undertakings (PSUs) to private firms by entering into joint ventures (JVs).
The court's directions had come came after lawyer Prashant Bhushan, appearing for NGO 'Common Cause', had raised the issue of alleged diversion of coal by Reliance Power for commercial exploitation.
Even the bidding process of coal blocks for such projects is different as it is linked to lowest power price offered by the firms, he said.
CBI had told the court that it has registered two-three cases on diversion of coal blocks and sought time for giving complete information as the officer concerned was not available.
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