Full Text
Translation output
r HIGH COURT OF DELHI
W.P.(C)888/2015 & CM 1552/2015 & CM 1442/2016
WELSPUN RENEWABLE ENERGY PVT.LTD Petitioner
Through: Mr U.Hazarika,Sr Advocate with Mr Avijeet
Lala and Mr Saraswat Mohapatra
W.P.(C)888/2015 & CM 1552/2015 & CM 1442/2016
WELSPUN RENEWABLE ENERGY PVT.LTD Petitioner
Through: Mr U.Hazarika,Sr Advocate with Mr Avijeet
Lala and Mr Saraswat Mohapatra
VERSUS
UNION OF INDIA & ANR
Through:
Respondents Mr Sanjeev Narula with Mr Ajay Kalra and
Ms Meha Rashmi for R-1.
Mr Bharat Sangal with Ms Srijana Lama Rai for R-2.
Through:
Respondents Mr Sanjeev Narula with Mr Ajay Kalra and
Ms Meha Rashmi for R-1.
Mr Bharat Sangal with Ms Srijana Lama Rai for R-2.
AND
W.P.(C)2527/2015 8c CM 4506/2015
M/S MAHESHWARI MINING & ENERGY PVT.LTD
Through: Mr Rajendra Singhvi Petitioner
M/S MAHESHWARI MINING & ENERGY PVT.LTD
Through: Mr Rajendra Singhvi Petitioner
VERSUS
THE MANAGING DIRECTOR,SOLAR ENERGY CORPORATION OFINDIA & ANR Respondents
Through: MrBharat Sangal with Ms SrijanaLama Rai for R-1.
Mr Vikas Mahajan with Mr S.S.Raiand Mr Rohan Gupta for R-2.
Through: MrBharat Sangal with Ms SrijanaLama Rai for R-1.
Mr Vikas Mahajan with Mr S.S.Raiand Mr Rohan Gupta for R-2.
CORAM:
HON'BLE MR.JUSTICE BADARDURREZ AHMED
HON'BLE MR.JUSTICE SANJEEV SACHDEVA
15.01.2016 We have heard the counsel for the parties at length and have gone through the documents placed on record. Without making any observations on the merits of the
2016:DHC:9179-DB r r r matter, we feel that the Ministry ofNew and Renewable Energy(MNRE)should have a re-look on the matter ofapproval ofthe 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
SolarPV Power Projects under JNNSM,Phase-II,Batch -I dated 28.10.2013.
There is a default capacity of50 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 ofthe correspondence between the
SECI and the MNRE because we feel that the MNRE should take a fresh look on the matter ofapproval ofcapacity to be allocated by the MNRE in terms ofClause 3.4 ofthe
RES document. The MNRE shall not be influenced by its earlier letter dated 01.01.2015.
The return ofthe 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 weeksfrom 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 ofthe paper book as also the SECI's information under the RTI Act,2005 dated 17.11.2015,which is at page 410.
The petitioners would be at liberty to take recourse to such remedies as may be available to them in law in casethe decision goes againstthem. r r
The writpetitions stand disposed of.
Dastiunderthe signature ofthe CourtMaster.
BADAR DURREZ AHMED,J JANUARY 15,2016 SR
(JL/0^—7^-
SANJEEV SACHDEVA,J
HON'BLE MR.JUSTICE SANJEEV SACHDEVA
15.01.2016 We have heard the counsel for the parties at length and have gone through the documents placed on record. Without making any observations on the merits of the
2016:DHC:9179-DB r r r matter, we feel that the Ministry ofNew and Renewable Energy(MNRE)should have a re-look on the matter ofapproval ofthe 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
SolarPV Power Projects under JNNSM,Phase-II,Batch -I dated 28.10.2013.
There is a default capacity of50 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 ofthe correspondence between the
SECI and the MNRE because we feel that the MNRE should take a fresh look on the matter ofapproval ofcapacity to be allocated by the MNRE in terms ofClause 3.4 ofthe
RES document. The MNRE shall not be influenced by its earlier letter dated 01.01.2015.
The return ofthe 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 weeksfrom 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 ofthe paper book as also the SECI's information under the RTI Act,2005 dated 17.11.2015,which is at page 410.
The petitioners would be at liberty to take recourse to such remedies as may be available to them in law in casethe decision goes againstthem. r r
The writpetitions stand disposed of.
Dastiunderthe signature ofthe CourtMaster.
BADAR DURREZ AHMED,J JANUARY 15,2016 SR
(JL/0^—7^-
SANJEEV SACHDEVA,J
JUDGMENT