The requirement for renewable power park developers to obtain government authorization for connectivity is discriminatory, lacking clarity, and fails to create a level playing field with other applicants, violating constitutional principles of equality.

ORDER :

R DEVDAS, J.

The grievances of the petitioners in both these writ petitions being common and the respondents against whom directions are sought at the hands of the petitioners also being common, therefore, these two writ petitions were clubbed, heard together and are being disposed of by this common order.

2. Petitioner No.1 through its subsidiaries/Special Purpose Vehicles applied to the third respondent-Central Transmission Utility of India Limited (hereinafter referred to as ‘CTUIL’ for short) for connectivity, for establishing solar power parks, responding to the notification published by the CTUIL in its website, during the month of August 2024. Two sets of applications were filed in the name of three subsidiaries of the petitioners, seeking connectivity at Tumkur-II Sub-station for 300 MW and 290 MW respectively while also seeking connectivity at Ballari sub-station for 300 MW. Problems arose for the petitioners in seeking authorization at the hands of the Government of Karnataka which is a requirement in terms of regulation 5.8 (vii) (a) of the General Network Access Regulations, 2022 (for short ‘GNA Regulations’) notified by the Central Electricity Regulatory Commission (for short ‘CERC’).

3. The grievance of the petitioners, in a nutshell, is that the prescription of securing an authorization at the hands of the State Government applies only in case of applicants for establishment of Renewable Power Park or Renewable Power Park Developers and not in respect of applicants for grant of connectivity (applicants for connectivity or for enhancement of quantum of connectivity; generating stations including Renewable Energy Generating Stations (REGS), with or without Energy Storage System (ESS); captive generating plants; standalone ESS etc). In other words, two categories are made, segregating the renewable power park developers from all other categories. The mandatory requirement of securing authorization from the competent Government applies only in respect of Renewable Power Park Developers. Secondly, there is only one queue for both categories and seniority is based on the seniority of filing application. Thirdly, the other applicants can by-pass the Renewable Power Park Developers in seniority since the power park developers are yet to obtain an authorization at the hands of the competent Government. Fourthly, no guidelines are prescribed to the competent Government under the GNA Regulations for consideration and grant of authorization. The State Government is insisting on the petitioners to apply for a Government Order (for short ‘GO’) for grant of authorization. Although the petitioners have applied to the State Government for grant of authorization, the process of issuance of GO is tedious and the petitioners are forced to pay enormous charges for grant of GO. The issue has become more complicated since petitions have been filed by the Association of Energy Developers in a separate writ petition and interim orders have been passed by this Court in the matter of collection of fee for grant of GO. Fifthly, since the connectivity is limited in capacity, by the time the petitioners secure authorization at the hands of the State Government, the applicants in all other categories will be granted connectivity and the petitioners will be left high and dry.

4. Having regard to such grievance vented out by the petitioners, interim orders were passed by this Court on 16.01.2025 directing the third respondent-CTUIL to reserve 600 MW in Ballari and 890 MW in Tumkuru-II Grid sub- stations for allotment to the petitioners, while granting liberty to the third respondent to grant connectivity to other applicants barring the portion reserved for the petitioners, until further orders.

5. Learned Senior Counsel Sri G.S.Kannur appearing for the petitioners contended that the word ‘authorisation’ which is mandated in the impugned Regulations is not defined. There are no guidelines stipulated in the GNA Regulations guiding the State Gov