LAWS(APH)-2019-9-54

RENEW POWER LIMITED Vs. STATE OF ANDHRA PRADESH

Decided On September 24, 2019
Renew Power Limited Appellant
V/S
STATE OF ANDHRA PRADESH Respondents

JUDGEMENT

(1.) The batch of writ petitions have been filed by petitioners who are the solar and wind power generators in the State of Andhra Pradesh essentially claiming the following relief:

(2.) The petitioners are all generators of electricity. They have established/set up Plants to generate Wind Power, Solar Power etc., and entered into agreements called Power Project Agreements (PPAs) with the DISCOMS, also known as the Power Distribution Companies, which distribute the power that is generated. In view of the fact that a number of writ petitions have been filed and were argued as a batch, the array of the parties is not being separately listed. Facts in each case are not being reproduced as they are largely similar. For the sake of convenience, the petitioners are called generators; the Power Distribution Companies are referred to as DISCOMS , Government of Andhra Pradesh is referred to as (GoAP), the Government of India is referred to as (GOI), Ministry of Nuclear Energy is referred to as (NRE) and the A.P.Regulatory Commission is referred to as (APERC). The APERC is constituted under the Electricity Act, 2003, Act 36 of 2003 (for short the 2003 Act ), which is a Central Enactment.

(3.) W.P.No.9871 of 2019 is taken up as the lead case in this batch.