SUKHNINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE present petition, styled as a Public Interest Litigation, seeks to assail certain clauses of the Power Generation Policy, 2010 for the State of Punjab as being violative of para 5.1 of the Tariff Policy read with Section 63 of the Electricity Act, 2003 (hereinafter referred to as 'the said Act'). The specific clauses sought to be assailed are 1.5, 9.1, 10.3, 10.7 and 10.8. The alternative prayer is that the Power Generation Policy be reviewed and suitably amended to bring it in conformity with the Tariff Policy and the said Act.

(2.) PETITIONER is a retired Additional Superintending Engineer of the Punjab State Electricity Board and he claims that the Board is on the verge of a financial collapse due to the instructions and policies of the Punjab Government, which are directly in conflict with the regulatory Statute.

(3.) IT is the case of the petitioner that on analysis of competitive bid tariff of 14 thermal projects as compared to those which had cost plus approach, 12 out of 14 projects showed that the competitive bidding tariffs were substantially lower. This competitive bidding process is stated to have been applied to 1980 Mega Watts Talwandi Sabo Thermal Project and, thereafter, to 1320 Mega Watts Rajpura Thermal Project.