Appellate Tribunal for Electricity
INDIAN WIND POWER ASSOCIATION (IWPA) vs MADHYA PRADESH ELECTRICITY REGULATORY COMMISSION & Ors on 23 July 2024
COURT-2
IN THE APPELLATE TRIBUNAL FOR ELECTRICITY
(Appellate Jurisdiction)
APL No. 13 OF 2017
Dated:
23rd July, 2024
Present:
Hon’ble Mr. Sandesh Kumar Sharma, Technical Member
Hon’ble Mr. Virender Bhat, Judicial Member In the matter of:
Indian Wind Power Association (IWPA)
Through its Vice President
513-514, 5th Floor, World Trade Centre,
Barakhamba Lane,
New Delhi – 110001.
…Appellant(s)
Vs.
Madhya Pradesh Electricity Regulatory Commission, Through its Secretary.
5th Floor, Metro Plaza,
Arera Colony, Bittan Market,
Bhopal – 462016,
M.P. Power Management Co. Ltd.
Through its Director,
No. 1, Shakti Bhawan,
Rampur, Jabalpur – 482008.
M/s. Green Energy Association,
Sanrgam, 143, Taqdir Terrace,
Near Shirodkar High School,
Dr. E. Borjes Road, Parel(E),
Mumbai – 4000127.
Madhya Pradesh Poorva Kshetra Vidyut Vitran Co. Ltd., Through its Director, Shakti Bhawan, PO: Vidyut Nagar, Rampur, Jabalpur (M.P.) - 482008.
Madhya Pradesh Paschim Kshetra Vidyut Vitran Co. Ltd.
Through its Director,
GPH Campus, Pologround, Indore.
Madhya Pradesh Madhya Kshetra Vidyut Vitran Co. Ltd., Through its Director, Bijli Nagar Colony, Nishtha Parisar, Govindpura, Bhopal – 462023.
Madhya Pradesh Urja Vikas Nigam Ltd.
Through its Director,
Link Rd., Number 2,
5 No. Bus Stop, Shivaji Nagar,
Bhopal – 462016.
…Respondent(s)
Counsel for the Appellant(s)
: Mr. Vishal Gupta
Mr. Kumar Mihir
Mr. Sumeet Sharma
Mr. Majid Durrani
Mr. Adishree Chakraborty
Mr. Vishal Gupta
Mr. Divyanshu Gupta
Mr. Nikhil Kumar
Mr. Ashutosh Jain
Mr. Sumeet Sharma
Counsel for the Respondent(s) : Mr. Shri Venkatesh Mr. Sandeep Rajpurohit Ms. Nishtha Kumar Mr. Samarth Kashyap Mr. Suhael Buttan Mr. Vikas Maini Mr. Krishnesh Bapat Ms. Lasya Pamidi
Mr. Varun Singh
Mr. Pratyush Singh
Mr. Aashwyn Singh
Mr. Vineet Kumar for R-1
Mr. G. Umapathy, Sr. Adv.
Mr. Nitin Gaur
Mr. Aditya Singh
Ms. Vaishnavi
Ms. Pavitra B.
Ms. Sanjeev Khari
Ms. Anuradha Mishra
Mr. Purushaindra Kaurav
Ms. Anuradha Mishra for R-2
Ms. Mandakini Ghosh
Mr. Parinay Deep Shah
Ms. Ritika Singhal
Mr. Saransh Shaw
Ms. Surabhi Pandey for R-3
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ORDER
The instant Appeal has been filed challenging the part order dated 06.09.2016 for suo moto Petition No. 43 of 2015 passed by the Madhya Pradesh Electricity Regulatory Commission, whereby the State Commission has effectively waived of the shortfall in the renewable purchase obligation on the 2nd Respondent for the Financial Year 2014-15, 2015-16.
After hearing the contesting Parties herein, we found it appropriate to direct the 2nd Respondent to submit their compliance report in respect of RPO. The affidavit has since been filed by the 2nd Respondent, furnishing the information as sought for. The same was discussed during the hearing and the Appellant accepted the said submission made by the 2nd
Respondent, accordingly, the Appeal stands disposed of in terms of the compliance report filed by the 2nd Respondent.
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 2nd Respondent is duty bound to comply with the RPO obligations. Therefore, for future orders, they should adhere to the regulations as specified.
The Appeal and IAs, if any, are disposed of in above terms.
Pronounced in the Open Court on 23rd July, 2024.
(Virender Bhat)
(Sandesh Kumar Sharma)
Judicial Member
Technical Member (Electricity) js/mkj