AMBUJA CEMENTS LTD Vs. RAJ ELECTRICITY REGULATORY

JUDGEMENT

(1.) Since common questions of law and facts are involved in all these writ applications, they were heard together and are being decided by this common order.

(2.) In one batch of writ applications, the petitioners have prayed that the order dated 7th March, 2007 passed by the Rajasthan Electricity Regulatory Commission, Jaipur (hereinafter referred to as "the Regulatory Commission") whereby the Regulatory Commission has approved the draft of Rajasthan Electricity Regulatory Commission (Renewable Energy and Cogeneration Obligation) Regulations, 2006 with changes in Regulations 4 and 5 pertaining to renewable energy obligation (RE Obligation) and payment of renewable energy surcharge for short fall in obligation and the Notification dated 23.3.2007 by which the Regulatory Commission in exercise of the powers conferred by Section 86(1) (e) read with section 181 of the Electricity Act, 2003 (Act 36 of 2003) (hereinafter referred to as "the Act of 2003") has framed and notified the Rajasthan Electricity Regulatory Commission (Renewable Energy Obligation) Regulations, 2007 (hereinafter referred to as "the Regulations of 2007") imposing obligation on the captive power plants and open access consumers to purchase minimum energy from renewable sources and to pay surcharge in case of short-fall in meeting out the RE obligation, be declared ultra vires the Sections 7, 9, 86(1)(a) and (e) and 181 of the Act of 2003, Articles 14, 19(1)(g) and 265 of the Constitution of India, National Electricity Policy, 2005 and Tariff Policy, 2006 and the Regulatory Commission be restrained from imposing any obligation on the Captive Generating Plants and open access consumers to purchase any energy from renewable sources and to pay surcharge on non-fulfilment of RE obligation.

(3.) In another batch of writ applications, the petitioners have also prayed that the Notification dated 23rd December, 2010 whereby in exercise of the power conferred under sections 61, 66, 86(1)(e) and 181 of the Act of 2003, the Regulatory Commission has framed the Rajasthan Electricity Regulatory Commission (Renewable Energy Certificate and Renewable Purchase Obligation Compliance Framework) Regulations, 2010 (hereinafter referred to as "the Regulations of 2010") be declared null and void in so far as they relate to captive power plants and open access consumers based on such captive plants; it has been further prayed that the Regulatory Commission had no authority to issue direction to non-licensees like the petitioners for purchasing renewable energy and to levy charge or surcharge and to take any action for the alleged non compliance of order or direction under the provisions of the Act of 2003; the petitioners have also prayed that the Regulatory Commission be restrained from imposing any charge or surcharge or to take any action against the petitioners for non-compliance of its order or direction arising out of the impugned Regulations; it has been further prayed that Regulatory Commission be restrained from compelling the petitioners, who are generator of electricity, to become purchaser of renewable energy.