Allowed

M/S Maheshwari Mining & Energy Pvt. Ltd. v. the Managing Director, Solar Energy Corporation of India & Anr.

Delhi HC15 Jan 2016W.P.(C)/2527/2015

Case brief

AI extract

What is this about?

Court directed MNRE to re-examine capacity allocation approval for waiting list bidders under JNNSM Phase-II, ignoring its earlier letter, and to communicate a decision within four weeks.

What did the court decide?

Directed MNRE to decide on capacity allocation within four weeks, considering RTI data and ignoring its earlier letter dated 01.01.2015.

M/S Maheshwari Mining & Energy Pvt. Ltd. Vs the… — Public Procurement and Tenders | Delhi HC (2016)

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Signature Not Verified Digitally Signed By:AM UL YA

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matter, we feel that the Ministry of New and Renewable Energy (MNRE) should have a re-look on the matter of approval of the capacity to be allocated by the MNRE in terms of Clause 3.4 of the Request for Selection (RES) document for 750 MW Grid-connected Solar PV Power Projects under JNNSM, Phase-II, Batch -I dated 28.10.2013.

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There is a default capacity of 50 MW (20 MW for Part-A and 30 MW in Part-B). The petitioners herein are waiting list bidders. The SECI, which is the Nodal Agency, had written letters to the MNRE for approval of the capacity to be allocated by the MNRE. We do not want to comment on the nature of the correspondence between the r SECI and the MNRE because we feel that the MNRE should take a fresh look on the r matter of approval of capacity to be allocated by the MNRE in terms of Clause 3.4 of the RES document. The MNRE shall not be influenced by its earlier letter dated 01.01.2015.

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The return of the bank guarantees by the SECI shall also not come in the way of the MNRE in taking a decision. The said decision be taken within four weeks from today and the same be communicated to the petitioners. While taking the decision, the MNRE shall obviously take into consideration all relevant parameters in accordance with the RES document and the guidelines. The MNRE may also take into account any change in circumstances. The MNRE shall also take into account the information given under the RTI Act dated 27.11.2015 which is at page 409 of the paper book as also the SECI's information under the RTI Act, 2005 dated 17.11.2015, which is at page 410.

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The petitioners would be at liberty to take recourse to such remedies as may be available to them in law in case the decision goes against them.

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The writ petitions stand disposed of.

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Dasti under the signature of the Court Master.

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JANUARY 15, 2016 SR

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BADAR DURREZ AHMED, J (JL/0 ^—7^SANJEEV SACHDEVA, J

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M/S Maheshwari Mining & Energy Pvt. Ltd. v. the Managing Director, Solar Energy Corporation of India & Anr.

Case brief

What is this about?

What did the court decide?

M/S Maheshwari Mining & Energy Pvt. Ltd. v. the Managing Director, Solar Energy Corporation of India & Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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