SAHELI EXPORT PRIVATE LTD Vs. THE JOINT ELECTRICITY REGULATORY COMMISSION FOR THE STATE OF GOA AND UNION TERRITORIES & OTHERS

JUDGEMENT

(1.) By consent the Writ Petition is taken up for final disposal. Heard Mr. Vijay Narayanan, learned Senior Counsel appearing for the Writ Petitioner and Mr. R. Krishna Ravindran, learned Counsel appearing for the 1st Respondent and Mr. D. Srinivasan, learned Government Pleader (Pondicherry) appearing for the Respondents 2 and 3.

(2.) This Writ Petition has been filed for a direction to direct the 1st Respondent to determine the tariff for small solar generating system for purchase of electricity by the distribution utilities in Puducherry in terms of Electricity Act, 2003.

(3.) According to the Petitioner, it is a Company incorporated under the provisions of the Companies Act, 1956 and is primarily involved in the business of setting up small and medium power plants using both conventional and non-conventional resources. It is their case that electricity being an essential requirement for every day living and a critical infrastructure for socio-economic development of the country, the Government of India during February 2005 came out with the National Electricity Policy with a aim to achieve access to electricity for all households, supply of reliable and quality power of specific standards, financial turn around and commercial viability of electricity Sector. The said policy addresses several issues with regard to achieving the aforesaid objectives including environmental issues and promotion of cogeneration and non-conventional energy sources. As a step towards promoting power generation using non-conventional sources, during February 2010 the Government of India brought out the Jawaharlal Nehru National Solar Mission with an objective to establish India as a Global leader in solar energy by creating the policy conditions for its diffusion across the country as quickly as possible. The immediate aim of the Solar Mission was to focus on setting up and enabling environment for solar technology penetration in the country both at the centralized and decentralized level. Therefore, the Ministry of New and Renewable Energy, on 16.06.2010, issued the guidelines for Rooftop and other small solar power plants connected to distribution network (below 33KV). The program known as the 'Rooftop PV & Small Solar Power Generation Programme' (RPSSGP) provides for selection of project proponents from across the country for development of solar power projects to be connected to the distribution network at voltage level below 33KV. As per the guidelines, before applying for registration with the Programme Administrator, the project proponents will have to first get themselves pre-registered with the respective State Level competent authority after complying the eligibility criteria and enter into a MoU with the concerned distribution utility for sale of power from the proposed project.