SHEELA BAHUGUNA Vs. UNION OF INDIA & OTHERS

JUDGEMENT

(1.) Dispute involved in all these writ petitions is common, hence these are being decided by this common judgment. For the sake of reference, the facts of WPMS No.2964 of 2017 (Mrs. Sheela Bahuguna Vs. Union of India & others) is being referred herein below.

(2.) The Government of India in order to give incentive for the use of "alternative sources of energy", such as "solar energy", has come up with various schemes from time to time, through its Ministry of New and Renewable Energy. In furtherance of this policy for the use of solar energy, a scheme was introduced by the Government of India to encourage the use of "Grid Connected Rooftop and Small Solar Power Plants Programme", on residential buildings and industrial/commercial establishments. The Scheme was introduced on 26.06.2014 and it was a part of Jawaharlal Nehru National Solar Mission and the particular guidelines was called "Grid Connected Rooftop and Small Solar Power Plants Programme" (from hereinafter referred to as "RTS"). The background of the scheme which is contained as Annexure to the order dated 26.06.2014 is extremely important and it must be reproduced. It lays down as under:-

(3.) The scheme also goes on to state that the RTS shall be connected to the Grid. It lays down as to how the meter has to be installed and at what places, etc. Thereafter it broadly defines as to what is going to be GTR. Clause 3.2 of the scheme reads as under:-