Delhi High Court says Centre should respond to plea against reallocation of thermal power to Haryana

The petitioner discom had claimed that the order is completely without jurisdiction and if implemented, 23 per cent of the populace of the national capital would be deprived of power in the next 24 hours

PTIUpdated: Friday, April 01, 2022, 12:45 PM IST
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Aerial view of NTPC power station, Dadri | Wikimedia Commons

New Delhi: The Delhi High Court Friday sought response of the Centre on plea by BSES Rajdhani Power Limited challenging an order of the Ministry of Power in relation to the transfer of power generated by a Dadri thermal station from the national capital to Haryana.

Justice Yashwant Varma also extended the stay on the Centre's March 29 order on the transfer of power supply from the Dadri-II plant to Haryana.

The court listed the matter for further hearing on April 29 after Additional Solicitor General Chetan Sharma, representing the Centre, sought two weeks to respond to the petition.

"ASG and other counsel prayed for and are granted two weeks time to file counter affidavit. Interim order to continue till the next date of hearing. List on April 29," the judge said.

The ASG said this is not the first time that such reallocation has been done, it was done earlier also.

The high court, on March 30, had stayed the Centre's order on transfer of power to another state.

The petitioner discom had claimed that the order is completely without jurisdiction and if implemented, 23 per cent of the populace of the national capital would be deprived of power in the next 24 hours.

The high court had earlier said, "The court also takes note of the averments made in paragraph 5 of the writ petition where the petitioners aver that the impugned order would, if permitted to operate, come into effect from 00:00 hours on Friday, April 1, 2022. The resultant deficiency would have to be arranged before 10:00 A.M. on Thursday, that is, March 31, 2022. Matter requires consideration."

The petitioner has argued that the respondent authorities have no power to reallocate power that forms part of the allocation made in favour of the petitioner and duly approved by the Delhi Electricity Regulatory Commission.

It disputed the recital in the order in connection with the Delhi government having surrendered the power and said that the surrender which was contemplated was with respect to the Dadri-I thermal power plant alone.

The court had also noted the order of the Delhi Electricity Regulatory Commission which categorically recorded that the Commission had not communicated any request to the Ministry of Power to either re-allocate or surrender the share of NCT from Dadri-II to other States and that the Power Purchase Agreement executed between the petitioning DISCOMS with NTPC are valid up to July 30, 2035.

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