UTTAR PRADESH POWER CORPORATION LTD. Vs. SECRETARY ENERGY DEPT., MADHYA PRADESH GOVERNMENT, MADHYA PRADESH STATE ELECTRICITY BOARD, M.P. POWER GENERATION COMPANY LTD. AND M.P. POWER TRADING COMPANY LTD.

JUDGEMENT

(1.) THE petition has been filed under Section 79 of the Electricity Act for adjudication of its dispute regarding supply of power from Rajghat Hydel Power Project (Rajghat HPP) located in the State of Madhya Pradesh. The following specific prayers have been made, namely: -

(2.) THE second respondent succeeded Madhya Pradesh Electricity Board (MPEB) consequent to re -organization of the erstwhile State of Madhya Pradesh in 2000. The second respondent was further reorganized under the statutory scheme notified by the State of Madhya Pradesh, the first respondent, in 2005. The undertakings of the second respondent engaged in generation of electricity were assigned to the third respondent, M.P. Power Generating Company Ltd. The function of bulk purchase of electricity from the generating companies and bulk supply thereof to the distribution companies within the State of Madhya Pradesh is assigned by the State Government to the fourth respondent, M.P. Power Generating Company Ltd. under the transfer scheme notified in March 2006. M.P. Power Generating Company Ltd. has since been re -designated as M.P. Power Management Company Ltd. (MPPMCL).

(3.) THERE is no formal agreement between the parties governing terms and conditions, but these can be gathered from the minutes of the meetings held from time to time. The petitioner who was assigned the responsibility of drafting the agreement has explained that the agreement could not be finalized since the completion cost of Rajghat HPP was not reconciled. As recorded in the minutes of the meeting, there has been an understanding between the parties that power generated was to be equally shared as may be noticed from the following extracts from the minutes of the meetings of 8th and 9th September 2005: