LAWS(KAR)-2022-7-1387

ANTHARAGANGE POWER PRIVATE LIMITED Vs. STATE OF KARNATAKA

Decided On July 12, 2022
Antharagange Power Private Limited Appellant
V/S
STATE OF KARNATAKA Respondents

JUDGEMENT

(1.) The petitioner on grant approval by the Government of Karnataka set up a Small Hydro Power project in the private sector and entered into the Power Purchase Agreement (PPA) with the second respondent on 15/6/2017 for a period of 20 years.

(2.) The second respondent sent the Power Purchase Agreement to the third respondent (KERC) for approval on 17/7/2017 and the third respondent (KERC) returned the Power Purchase Agreement to the second respondent-Gulbarga Electricity Supply Company Limited (for short "GESCOM") stating that the GESCOM has not provided any justification to purchase power over and above the Renewable Purchase Obligation (RPO) of GESCOM and in the meanwhile, the petitioner's plant was commissioned and the petitioner started supplying power to the second respondent-GESCOM.

(3.) The second respondent-GESCOM on 25/11/2019 again sent a proposal for approval of the Power Purchase Agreement to the third respondent-KERC and the third respondent-KERC by communication dtd. 11/12/2019 returned the Power Purchase Agreement stating that the second respondent-GESCOM has not provided satisfactory justification to procure power from the petitioner.