Disposed

Welspun Renewable Energy Pvt. Ltd. v. Union of India & Anr.

Delhi HC15 Jan 2016W.P.(C)/888/2015

Case brief

AI extract

What is this about?

The High Court directed the Ministry of New and Renewable Energy to reconsider the approval of 750 MW Grid-connected Solar PV Power Projects capacity under the JNNSM Plan, disregarding a specific earlier letter. The MNRE must decide within four weeks after reviewing relevant parameters, RES document clauses, and RTI information.

What did the court decide?

MNRE shall take a decision on capacity allocation within four weeks, considering RES document, guidelines, and RTI information, ignoring the letter dated 01.01.2015 and return of bank guarantees.

Welspun Renewable Energy Pvt. Ltd. Vs Union of India… — Service and Employment | 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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Welspun Renewable Energy Pvt. Ltd. v. Union of India & Anr.

Case brief

What is this about?

What did the court decide?

Welspun Renewable Energy Pvt. Ltd. v. Union 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

Coram

Case details

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