Appellate Tribunal for Electricity
ndian Wind Power Association vs Gujarat Electricity Regulatory Commission & Ors on 29 January 2025
IN THE APPELLATE TRIBUNAL FOR ELECTRICITY
(Appellate Jurisdiction)
APPEAL NO. 68 OF 2017,
APPEAL NO. 69 OF 2017
&
APPEAL NO. 78 OF 2017
Dated:
29.01.2025
Present:
Hon’ble Mr. Sandesh Kumar Sharma, Technical Member Hon’ble Mr. Virender Bhat, Judicial Member APPEAL NO. 68 OF 2017
IN THE MATTER OF:
Indian Wind Power Association.
A-509 -511, Atma House,
Opp. La-Gajjar Chamber,
Ashram Road, Ahmedabad. 380 009
...
APPELLANT
Versus
1.
Gujarat Electricity Regulatory Commission 6th Floor, GIFT ONE, Road 5C, Zone 5,GIFT City, Gandhinagar - 382355, Gujarat, India
2.
Torrent Power Limited.
Torrent House, Off. Ashram Road,
Ahmedabad. 380 009.
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3.
Kandla Port Trust
Business Development Cell
P.O. Box No. 50, Administrative Cell
Gandhidham , Kutch – 370201
(Through its Managing Director)
4.
MPSEZ Utilities Pvt. Ltd.
Adani House, Near Mithakali Circle,
Navrangpura, Ahmedabad- 380009
(Through its Managing Director)
5.
Jubilant Infrastructure Pvt. Ltd.
Plot No. 5, Vilayat GIDC,
Vagra, Bharuch – 390012
(Through its Managing Director)
6.
Aspen Infrastructure Ltd.
Survey No. 26, Village Pipaliya,
Taluka Waghodia, Dist. Vadodara
Pin No. 391760
(Through its Managing Director)
7.
GIFT Power Company Ltd.
GIFT PCL, Zonal Facility Centre,
Block 12, Road 1-D, Zone-1,
Gift City, Gandhinagar,
Gujarat- 382355
(Through its Managing Director)
8.
Gujarat Energy Development Agency.
4th Floor, Block No. 11 & 12,
Udyogbhavan, Sector 11,
Gandhinagar 382 017.
...
RESPONDENTS
Counsel for the Appellant(s)
:
Mr. Vishal Gupta
Mr. Kumar Mihir
Mr. Sumeet Sharma
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Counsel for the Respondent(s)
:
Mr. Suparna Srivastava for R-1
Mr. Anand K. Ganesan
Ms. Swapna Seshadri for R-2
APPEAL NO. 69 OF 2017
IN THE MATTER OF:
Indian Wind Power Association.
A-509 -511, Atma House,
Opp. La-Gajjar Chamber,
Ashram Road, Ahmedabad. 380 009
...
APPELLANT
Versus
1.
Gujarat Electricity Regulatory Commission 6th Floor, GIFT ONE, Road 5C, Zone 5,GIFT City, Gandhinagar - 382355, Gujarat, India.
2. Gujarat UrjaVikas Nigam Ltd (GUNVL)
Sardar Patel Vidyut Bhavan,
Race Course, Vadodara 390 007.
3. Madhya Gujarat Vij Company Limited (MGVCL)
Sardar Patel Vidyut Bhavan,
Race Course Circle, Vadodara 390 007
4. Dakshin Gujarat Vij Company Limited (DGVCL)
Kapodara Char Rasta,
Surat 395 006
5. Uttar Gujarat Vij Company Limited (UGVCL)
Corporate Office, Mehsana-Visnagar Highway, Mehsana 384 001.
Page 3 of 10
6. Paschim Gujarat Vij Company Limited (PGVCL)
Nanamava Road,
Laxminagar,
Rajkot 360004
...
RESPONDENTS
Counsel for the Appellant(s)
:
Mr. Vishal Gupta
Mr. Kumar Mihir
Mr. Sumeet Sharma
Counsel for the Respondent(s)
:
Mr. Suparna Srivastava for R-1
Mr. Anand K. Ganesan
Ms. Swapna Seshadri
Mr. Harsha Manav
Ms. Srishti Khindaria for R-2
APPEAL NO. 78 OF 2017
IN THE MATTER OF:
Indian Wind Energy Association.
2nd Floor, All India Federation of the Deaf (AIFD), Building,, 12-13, Special Institutional Area, Shaheed Jeet Singh Marg, New Delhi 110067
...
APPELLANT
Versus
1.
Gujarat Electricity Regulatory Commission 6th Floor, GIFT ONE, Road 5C, Zone 5, GIFT City, Gandhinagar - 382355, Gujarat, India.
2. Gujarat Urja Vikas Nigam Ltd (GUNVL)
Sardar Patel Vidyut Bhavan,
Race Course, Vadodara 390 007.
Page 4 of 10
3. Madhya Gujarat Vij Company Limited (MGVCL)
Sardar Patel Vidyut Bhavan,
Race Course Circle, Vadodara 390 007.
4. Dakshin Gujarat Vij Company Limited (DGVCL)
Kapodara Char Rasta,
Surat 395 006.
5. Uttar Gujarat Vij Company Limited (UGVCL)
Corporate Office, Mehsana-Visnagar Highway, Mehsana 384 001.
6. Paschim Gujarat Vij Company Limited (PGVCL)
Nanamava Road, Laxminagar,
Rajkot 360004..
...
RESPONDENTS
Counsel for the Appellant(s)
:
Mr. Vishal Gupta
Mr. Kumar Mihir
Counsel for the Respondent(s)
:
Mr. Suparna Srivastava for R-1
Mr. Anand K. Ganesan
Ms. Swapna Seshadri
Ms. Ranjitha Ramachandran
Ms. Kriti Soni
Ms. Srishti Khindaria for R-2
ORDER
PER HON’BLE MR. SANDESH KUMAR SHARMA, TECHNICAL MEMBER
1. These appeals have been filed by M/s. Indian Wind Power Association challenging the Gujarat Electricity Regulatory Commission passed Order dated
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31.12.2016 in Petition No. 1542/2015, Order dated 31.12.2016 in Petition No. 1518/2015.
2. The Appellant is aggrieved by the aforesaid Impugned Orders dated 31.12.2016 passed by the State Commission revising the RPO of FY 2014-15 being contrary to the entire scheme, import, and purport of the Electricity Act of 2003, policies framed there under and the Regulations framed by the Central Commission and the State Commission.
3. After hearing the Appellant and the Respondents, we found it appropriate to direct the respondents to file the compliance report before deciding the matter.
4. The compliance report filed by the Respondents through an affidavit was examined, the relevant extract of the report is as under:
“2. I say that GUVNL has filed a detailed reply on 25.09.2019 in the present Appeal filed by Indian Wind Power Association (hereinafter referred to as “Appellant”). The present Affidavit is being filed pursuant to the directions dated 04.10.2024 passed by this Hon’ble Tribunal and is in addition to the said reply filed and without prejudice to any of the contentions and averments raised by GUVNL in the reply filed.
3. I say and submit that the captioned matter was last listed on 04.10.2024, wherein this Hon’ble Tribunal, during the course of the
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hearing directed GUVNL to file the compliance details of RPO for the State of Gujarat stating as under:
“ORDER Learned Counsel for GUVNL undertakes to file an Affidavit as directed by this court within three weeks for the State of Gujarat. Post the batch of appeals for further hearing on 07.11.2024”
4. I say that pursuant to the aforesaid directions, GUVNL is filing the RPO compliance details from the Year 2015-16 till FY 24-25(Q-1) and details of the same are attached and marked as Annexure A1.
5. I say that in view of the table in Annexure A1, it is submitted that for FY 2015-16 to FY 2024-25 (Q1), GUVNL has made sincere efforts to comply with the RPO targets on an annual basis in the State of Gujarat considering the situation prevalent for availability of energy from renewable sources. In fact, for FY 2022-23 and FY 24-25(Q-
1) (Provisional), GUVNL has duly achieved RPO compliance, and no relaxation has been sought for the said period.”
5. The details as provided vide the affidavit are reproduced as below: “ Annexure A Year RPO Target Including Solar/Non- Solar RPO achieved with Solar/Non- Solar Extent of Relaxation Sought Whether Relaxation or Carry Forward was granted. If, so reference of the GERC order.
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2015-16 9% 7.01% Yes Petition No. 1604 of
(7170.57) MUs (5587) MUs
2016, Order Dated
26.12.2019
Revised RPO Target
7.01% 2016-17 10% 7.86% Yes Petition No.1688 of
(9134.59) MUs (7192.43) MUs
2017, Order Dated
06.05.2020
Revised RPO Target
7.85% 2017-18 10% 9.72% Yes Suo Motu Petition No.
(8467.9) MUs (8491) MUs
1872/2020, Order Dated
09.10.2020
Revised RPO Target
9.54% 2018-19 12.70% 10.82% Yes Petition No. 1808 of
(12448.66) MUs (10607.18)
2019, Order Dated
MUs
21.04.2022
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Revised RPO Target
10.7% 2019-20 14.30% 12.98% Yes Petition No. 1922 of
(13045.41) MUs (11841.67)
2021, Order Dated
MUs
09.05.2022
Revised RPO Target
11.81% 2020-21 15.65% 12.73% Yes Petition No. 2042 of 2022. Order Awaited.
(14391) MUs (11704) MUs
2021-22 17.00% 15.06% Yes Petition No 2196/2023. Order Awaited
(18225)MUs (16145)MUs
2022-23 17.00% 17.29% --- Petition no.2381 of 2024 filed at GERC on 22.07.2024. 1st Hearing /Order Awaited.
(20127)MUs (20474)MUs
2023-24 18.70% 18.07% -- Truing up for FY 2023- 24 is under finalization. RPO data are provisional as submitted to GERC
(23205) MUs (22418) MUs
2024-25 20.70% 20.82% -- RPO data for Q1 are provisional as submitted to GERC. Data for Q2 are under compilation. (Q1) (7265) MUs (7309)MUs
6. The compliance report was accepted by the Appellant.
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7. In the light of achievement of RPO targets in the years 2022-23 to 2024-25 (Quarter 1), the appeal stands disposed of as agreed by the Appellant.
8. We make it clear that we have not passed any observation on the submission made. However, in the light of the provisions of the Electricity Act, 2003 and the relevant regulations of the State Commission, the Respondents shall comply with the RPO obligations. Therefore, for future orders, they should adhere to the regulations as notified from time to time.
9. The captioned appeals and IAs, if any, are disposed of in the above terms.
PRONOUNCED IN THE OPEN COURT ON THIS 29th DAY OFJANUARY, 2025.
(Virender Bhat) Judicial Member
(Sandesh Kumar Sharma) Technical Member
REPORTABLE / NON-REPORTABLE pr/mkj
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