CHHATTISGARH STATE POWER DISTRIBUTION CO. LTD. vs MINISTRY OF NEW AND RENEWABLE ENERGY, GOVT. OF INDIA & ORS

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on: 03.05.2025 Judgment pronounced on: 21.05.2025 + W.P. (C) NO. 4527/2017, CM APPL. 19776/2017 (Direction) & CM APPL. 28389/2024 (Direction) CHHATTISGARH STATE POWER DISTRIBUTION CO. LTD. .....Petitioner Through: Mr. Arun Bhardwaj, Sr. Adv. with Ms. Suparna Srivastava and Mr. Nitai Agarwal, Advs. versus MINISTRY OF NEW AND RENEWABLE ENERGY, GOVT. OF INDIA & ORS. .....Respondents Through: Mr. Ruchir Mishrra, Mr. Sanjiv Kr. Saxena, Mr. Mukesh Kr. Tiwari, Ms. Poonam Shukla & Ms. Reba Jena Mishra, Advs. for R-1. Mr. Sangram Patnaik, Mr. Varun Raghavan, Mr. Swayam Sidha Patnaik & Mr. Ravkirat Singh Mann, Advs. for R-2. Mr. Raunak Jain, Adv. for R-6 and R- 7. CORAM: HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR JUDGMENT HARISH VAIDYANATHAN SHANKAR, J. 1. The present Writ Petition seeks the following reliefs: - “a. Issue a writ of mandamus or any other writ, order or direction in the nature thereof to the Respondent Nos. 1 & 2 to pay Generation Based Incentive to the Petitioner as per the GBI Policy Signature Not Verified Digitally Signed By:HARVINDER KAUR W. P.(C) NO. 4527/2017 Page 1 of 19 BHATIA Signing Date:22.05.2025 14:35:06 dated 16.06.2010, that is, by computing GBI as the difference between the tariff determined by the CERC vide order dated 26.04.2010 in Petition No. 53/2010 (i.e. Rs. 17.91/kWh) and the Base Rate (i.e. Rs. 5.665/ kWh), including for captive consumption of solar power generated (to be measured on AC side of the inverter), with effect from the date of commissioning of the solar power plants established by the Respondent Nos. 6 & 7 respectively, and to pay the balance GBI due as a result of such computation along with interest thereon at the rate of 1.25 per cent per month; b. In the alt