Disposed

Tadas Wind Energy Private Limited v. Karnataka Power Transmission Corporation Limited

Karnataka HC9 Aug 2024WP/13930/2024

Case brief

AI extract

What is this about?

Wind energy generator challenged rejection of its standing clearance application and withholding of NOC over disputed DSM charges. As CERC had resumed functioning, the court relegated petitioner to CERC, kept contentions open, continued interim orders till disposal there and transferred deposits to CERC.

What the court decided

AI extract

Tadas Wind Energy Private Limited Vs Karnataka… — Writ and Judicial Review | Karnataka HC (2024)

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NC: 2024:KHC:32223 WP No. 13930 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 9^TH DAY OF AUGUST, 2024

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BEFORE

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THE HON'BLE MRS JUSTICE K.S. HEMALEKHA

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WRIT PETITION NO.13930 OF 2024 (GM-KEB)

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BETWEEN:

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TADAS WIND ENERGY PRIVATE LIMITED A COMPANY REGISTERED UNDER THE COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE AT 3^RD FLOOR, BLOCK D, PLOT NO.13 SY.NO.64 PART HITECH CITY LAYOUT MADHAPUR VILLAGE, HYDERABAD, RANGAREDDI, TELANGANA – 500 081 REPRESENTED BY ITS AUTHORISED SIGNATORY MR. SRI HARI BHAGWAN GENERAL MANAGER. ... PETITIONER

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Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA

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(BY SRI ADITYA NARAYAN, ADVOCATE)

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AND:

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KARNATAKA POWER TRANSMISSION CORPORATION LIMITED (STATE LOAD DISPATCH CENTRE) 27/1, RACE COURSE ROAD, MADHAVA NAGAR, GANDHI NAGAR, BENGALURU, KARANATAKA – 560 001. THROUGH ITS CHIEF ENGINEER KAVERI BHAVAN, K.G. ROAD, BENGALURU – 560 009.

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NC: 2024:KHC:32223 WP No. 13930 of 2024

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KARNATAKA POWER TRANSMISSION CORPORATION LIMITED KPTCL, A R CIRCLE, RACE COURSE ROAD, BANGALORE REPRESENTED BY ITS CHIEF ENGINEER. ... RESPONDENTS

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(BY SMT. STEPHANIA PINTO, ADVOCATE FOR SRI SHAHBAAZ HUSAIN, ADVOCATE FOR R-1 & R-2 (VC))

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THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASHING THE IMPUGNED COMMUNICATION DATED 18.05.2024 (BEARING NO. NIL) (ANNEXURE-G HERETO) REJECTING THE PETITIONER’S APPLICATION FOR STANDING CLEARANCE FOR THE MONTH OF JUNE 2024 AS COMMUNICATED BY THE COMMENT ADDED ON THE NOAR PORTAL ON 18.05.2024; DECLARING THAT THE R1 IS NOT ENTITLED TO WITHHOLD THE NOC/STANDING CLEARANCE TO BE ISSUED UNDER REGULATION 8 OF THE CERC (CENTAL ELECTRICITY REGULATORY COMMISSION (OPEN ACCESS IN INTER STATE TRANSMISSION) REGULATIONS, 2008 FOR ALLEGED NON PAYMENT OF DISPUTED DSM CHARGES DEMANDED FROM THE PETITIONER UNDER THE COMMUNICATION DATED 19.02.2024 (ANNEXURE-AT) OR OTHERWISE AND ETC.

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THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MRS JUSTICE K.S. HEMALEKHA

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3 - NC: 2024:KHC:32223 WP No. 13930 of 2024

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ORAL ORDER

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Petitioner has called in question the impugned communication dated 18.05.2024 rejecting the petitioner’s application for standing clearance for the month of June, 2024 as communicated by the comment added NOAR Portal on 18.05.2024 and further reliefs, which read as under:

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“b. Issue a writ of declaration or writ in the nature of declaration declaring that the Respondent No.1 is not entitled to withhold the NOC / Standing Clearance to be issued under Regulation 8 of the CERC (Central Electricity Regulatory Commission (Open Access in Inter-State Transmission) Regulations, 2008 for alleged non-payment of disputed DSM charges demanded from the Petitioner under the communication dated 19.02.2024 ( Annexure AT ) or otherwise;

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c. Issue a writ of mandamus directing the Respondent No.1 to process the Petitioner’s applications for NOC / Standing Clearances strictly in accordance with the CERC (Central Electricity Regulatory Commission (Open Access in Inter-State Transmission) Regulations, 2008 and without reference to any facts or circumstances beyond the

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4 - NC: 2024:KHC:32223 WP No. 13930 of 2024

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scope of the said regulations, i.e, strictly in accordance with law;

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d. issue a writ of certiorari or other appropriate writ, order or direction quashing the demand for payment of DSM Charges dated 19.02.2024 bearing No.CEE/SLDC/FA/TBC/DCA/AO/A-2/15440-42

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( Annexure AT );

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e. Issue a writ of mandamus or other appropriate writ, order or direction directing the Respondent No.1 to compute and reconcile the demands for DSM Charges raised on the Petitioner by calculating the same at the interconnection point, and after taking into account the various submissions made by the Petitioner.”

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Learned counsel for the petitioner submits that respondent No.1 has demanded a sum of Rs.8,73,40,347/towards DSM charges and the said demand is challenged by the petitioner before the Central Electricity Regulatory Commission (‘CERC’ for short) and the petitioner under protest has deposited a substantial amount and an amount of Rs.1,85,90,850/- is outstanding.

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This Court on 27.05.2024 granted an interim order subject to the condition that the petitioner deposit

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5 - NC: 2024:KHC:32223 WP No. 13930 of 2024

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25% of the outstanding amount of Rs.1,85,90,850/-. It is brought to the notice of this Court that, by way of cheque bearing No.828745 dated 31.05.2024 a sum of Rs.46,47,715/- has been deposited before this Court in compliance with the interim order dated 27.05.2024, the interim order granted is continued till today. The interim

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order granted by this Court is a direction to the respondent to process the petitioner’s application and issue standing clearance on or before 29.05.2024 subject to the conditions stated supra and further on 28.06.2024, this Court clarified that the petitioner shall be granted monthly standing clearance even for the succeeding months, in view of the fact that the petitioner has complied with the interim order by depositing 25% of the outstanding amount as ordered by this Court on 27.05.2024.

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Both counsel do not dispute that an alternative mechanism is provided to the petitioner to approach the CERC. As the CERC is not functioning, the petitioner

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6 - NC: 2024:KHC:32223 WP No. 13930 of 2024

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approached this Court by filing the present writ petition. Learned counsel on both sides submit that a legal member has now been appointed and the CERC is functioning and the petitioner may be relegated to the CERC to address his grievance.

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In light of the alternative efficacious remedy

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available to the petitioner, the petitioner is relegated to the CERC. All the contentions of the parties are kept open to be urged before CERC.

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The interim order granted by this Court on 27.05.2024 and 28.06.2024 stand continued till the disposal of the application before the CERC. The amount deposited before this Court is transferred to the CERC forthwith.

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Accordingly, the writ petition stands disposed of.

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Sd/(K.S. HEMALEKHA) JUDGE

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MBM/List No.: 1 Sl No.: 40

Tadas Wind Energy Private Limited v. Karnataka Power Transmission Corporation Limited

Case brief

What is this about?

What the court decided

Tadas Wind Energy Private Limited v. Karnataka Power Transmission Corporation Limited

Case brief

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What the court decided

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