IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF MARCH, 2019 BEFORE THE HON’BLE MRS.JUSTICE S.SUJATHA W.P.Nos.23231 – 23232/2018 (GM – KEB) BETWEEN :
1. WARDHA SOLAR (MAHARASHTRA) PRIVATE LIMITED ADANI HOUSE, Nr. MITHAKHALI SIX ROADS, NAVRANGPURA, AHMEDABAD-380009 GUJARAT, INDIA, REP. BY ITS AUTHORISED SIGNATORY 2. PARAMPUJYA SOLAR ENERGY PVT. LTD., ADANI HOUSE, Nr. MITHAKHALI SIX ROADS, NAVRANGPURA, AHMEDABAD-380009 GUJARAT, INDIA, REP. BY ITS AUTHORISED SIGNATORY ...PETITIONERS (BY SRI SHRIDHAR PRABHU, ADV.) AND :
1. GULBARGA ELECTRICITY SUPPLY CORPORATION LIMITED, A COMPANY REGISTERED UNDER THE PROVISIONS OF COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE AT STATION MAIN ROAD, KALABURAGI-585102 REP. BY ITS MANAGING DIRECTOR.
2. CHAMUNDESHWARI ELECTRICITY SUPPLY CORPORATION LIMITED, A COMPANY REGISTERED UNDER THE PROVISIONS OF COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE AT 29, VIJAYANAGARA 2ND STAGE, HINKAL, MYSURU-570017 REP. BY ITS MANAGING DIRECTOR.
3. HUBLI ELECTRICITY SUPPLY COMPANY LIMITED (HESCOM) A COMPANY REGISTERED UNDER THE PROVISIONS OF COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE AT NAVANAGAR, P.B.ROAD, HUBBALLI-580025 REP. BY ITS MANAGING DIRECTOR.
4. MANGALORE ELECTRICITY SUPPLY CORPORATION LIMITED, A COMPANY REGISTERED UNDER THE PROVISIONS OF COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE AT CORPORATE OFFICE, MESCOM BHAVAN, 4TH FLOOR, BEJAI KAVOOR CROSS ROAD, MANGALURU-575004, REP. BY ITS MANAGING DIRECTOR.
5. BANGALORE ELECTRICITY SUPPLY COMPANY LIMITED A COMPANY REGISTERED UNDER THE PROVISIONS OF COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE AT K.R.CIRCLE, BENGALURU-560001 REP. BY ITS MANAGING DIRECTOR.
6. STATE LOAD DISPATCH CENTRE, ANANDA RAO CIRCLE, RACE COURSE ROAD, BENGALURU-560001 REP. BY ITS CHIEF ENGINEER.
7. STATE OF KARNATAKA, DEPARTMENT OF ENERGY ROOM No.236, 2ND FLOOR, VIKASA SOUDHA, Dr. AMBEDKAR VEEDHI, BENGALURU-560001 REP. BY ITS ADDITIONAL CHIEF SECRETARY.
8. SOLAR ENERGY CORPORATION OF INDIA (SECI), 1ST FLOOR, D-3, A WING, RELIGARE BUILDING, DISTRICT CENTRE, SAKET, NEW DELHI-110017 REP BY ITS MANAGING DIRECTOR. …RESPONDENTS (BY SRI PRASHANT T. PANDIT, ADV. FOR R-4; SRI MURUGESH V. CHARATI, ADV. FOR R-5; SRI S.SRIRANGA, ADV. FOR R-6; SMT.M.JYOTHI, AGA FOR R-7;
R-1, R-2, R-3 & R-8 ARE SERVED AND UNREPRESENTED.) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE STATE OF KARNATAKA TO CONSIDER THE PETITIONERS REPRESENTATION DATED 27.03.2018 PRODUCED AT ANNEXURE-A AND MAKE PROPORTIONATE ALLOCATION OF POWER DELIVERED FROM THE SOLAR PROJECTS OF THE PETITIONERS TO THE GRID SYSTEMS OF R-1 TO R-5.
THESE PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R The petitioners are claiming to be the Solar Power Project Developers, developing 390 MW Solar Power Project in various Taluks in the State of Karnataka and are the successful bidders for the said projects. It is the contention of the petitioners that they had approached the respondents and requested them to procure the solar power generated from synchronization/commissioning to till declaration of Commercial Operation Date (COD). ESCOMS have shown its readiness to procure such solar power. However, they insisted upon the approval of the Karnataka Electricity Regulatory Commission (KERC) in this regard as well as the rate at which such power to be procured. The petitioners have approached the KERC for necessary approval. KERC has written a letter to all the ESCOMS and informed them to negotiate to procure the power at the latest Average Pooled Power Purchase Cost as determined by the KERC. However no firm decision was received from the respondent ESCOMS. The petitioners approached M/s Power Trading Corporation, a Power Trader, for sale of such power through Power Exchange/s. However, till that time, the energy was delivered to the respondent Nos.1 to 5. The ESCOMS have accepted such power pumped into the grid. It is the contention of the petitioners that the power generated from the date of synchronization/commissioning from the aforesaid projects, till the COD pumped into the grid was utilized by the respondent Nos.1 to 5 licensee, for which the petitioners are eligible to claim the rate, which is fixed by the KERC in its order dated 30.3.2017. Accordingly, the petitioners have made a representation to the respondent No.7 and it is the grievance of the petitioners that the same has not been considered so far.
2. Considering the facts and circumstances of the case as aforesaid, without going into the merits or demerits of the case, this Court deems it appropriate to direct the respondent No.7 to consider the representation dated 27.03.2018 at Annexure-A to the writ petitions submitted by the petitioners and to take a decision in the mater after hearing the petitioners. Ordered accordingly.
3. The compliance of this order shall be made by the respondent No.7 in an expedite manner, in any event, not later than 12 weeks from the date of receipt of certified copy of this order.
Writ Petitions stand disposed of in terms of the above.
Sd/- JUDGE Dvr: