BAJAJ HINDUSTHAN LIMITED Vs. NATIONAL LOAD DESPATCH CENTRE AND UTTAR PRADESH NEW AND RENEWABLE ENERGY DEVELOPMENT AGENCY

JUDGEMENT

(1.) THE petitioner, Bajaj Hindustan Limited, has filed the present petition with the following prayers after being denied issue of Renewable Energy Certificate by National Load Despatch Center:

(2.) THE petitioner has been accredited with regard to its self consumption by the State Agency, namely, Uttar Pradesh New and Renewable Energy Development Agency (UPNEDA) and registered by the Central Agency, namely, National Load Despatch Centre (NLDC) under the REC Regulations.

(3.) THE petitioner has submitted that despite the clear cut provisions regarding the abolition of electricity duty in UP, NLDC vide its letter dated 24.1.2013 sought information from UPNEDA in respect of electricity duty in the State of Uttar Pradesh. UPNEDA in its response vide its letter dated 23.3.2013 confirmed that the electricity duty is not leviable in the State of Uttar Pradesh and that all procedures for accreditation in terms of the REC Regulations and approved procedures have been followed in case of RE generators including the petitioner. UPNEDA also enclosed various Notifications dated 3.1.1997, 6.2.1998, and 13.9.2012 issued by Government of Uttar Pradesh, Notification dated 7.12.2012 issued by Energy Department, Government of Uttar Pradesh and letter dated 12.3.2013 issued by the Department of Additional Sources of Energy, Government of Uttar Pradesh. The petitioner has submitted that all these notifications and letters clearly establish that the electricity duty imposed on self consumption has been abolished in the State of Uttar Pradesh and such abolition continues to be in effect now.