IN THE APPELLATE TRIBUNAL FOR ELECTRICITY (Appellate Jurisdiction)

APPEAL No.103 OF 2021 Dated: 22.10.2024 Present: Hon`ble Mr. Sandesh Kumar Sharma, Technical Member Hon`ble Mr. Virender Bhat, Judicial Member In the matter of:

GREENKO MAHA WIND ENERGY PVT. LTD.

F-9, First Floor, Manish Plaza – 1, Plot No. 7, MLU, Sector 10, Dwarka, New Delhi – 110075 Through its Authorized Signatory Mr. Srinivas Cintapenta Email ID: akshayababu.v@greenkogroup.com … Appellant(s)

Versus

1. MAHARASHTRA ELECTRICITY REGULATORY COMMISSION Through its Secretary, World Trade Centre, Centre No. 1, 13th Floor, Cuffe Parade, Colaba, Mumbai – 400005 Email ID: mercindia@merc.gov.in

2. MAHARASHTRA STATE ELECTRICITY DISTRIBUTION Company Limited Through its Chief Engineer (Renewable Energy)

Prakashgad, Plot No. G-9, Anant Kanekar Marg Bandra (E), Mumbai – 400051 Email ID: ceppmesedcl@gmail.com

3. MAHARASHTRA STATE LOAD DESPATCH CENTRE Through its Chief Engineer Thane – Belapur RD, MSEB Staff Colony, TTC Industrial Area, Airoli, Navi Mumbai, Maharashtra 400708 Email ID: cesldc@mahasldc.in

4. MAHARASHTRA ELECTRICITY DEVELOPMENT AGENCY Through its General Manager (Co-Ordination) Anudh Road, Opposite Spicer College Road, Near Commissionerate of Animal Husbandary, Aundh, Pune, Maharashtra – 411067 Email ID: dg@mahaurja.com/gmanrd@mahaurja.com/

nodalofficer@mahaurja.com/manrd@mahaurja.com … Respondents Counsel for the Appellant(s) : Sanjay Sen, Sr. Adv.

Sakya Singha Chaudhuri Avijeet Lala Astha Sharma Shreya Dubey Nameeta Singh Karan jaiswal Ravish Kumar Aparna Tiwari Shriya Gambhir Shubham Hasija Shreevidya Nargolkar Devank Maheshwari Neha Das Counsel for the Respondent(s) : Samir Malik Prerna Gandhi Rahul Sinha Ravi Prakash for Res. 2 M. Veeraragavan for Res. 3 Shruti Lyer Muktai Rahatgaonkar Anandh K Ravi Deshmukh Nishita Jagetia Harshal kshir Sagar for Res. 4

J U D G M E N T

PER HON’BLE MR. VIRENDER BHAT, JUDICIAL MEMBER

1. In appellant company is aggrieved by the order dated 11.07.2020 passed by the 1^st respondent Maharashtra Electricity Regulatory Commission (hereinafter referred to as “the Commission”) in case No.100/2020 in which the appellant had questioned the legality and validity of communication / e-mail dated 05.06.2020 issued by 3^rd respondent Maharashtra State Load Despatch Centre (MSLDC) directing disconnection of the 2 MW Wind Turbine Generator (WTG) of the appellant situated at HC09, Gut No.187, Village Kacharewadi, Tal. Tasgaon, Dist. Sangli, Maharashtra, on the ground that the appellant does not have Energy Purchase Agreement (EPA) with the 2^nd respondent Maharashtra State Electricity Distribution Company Limited (MSEDCL). On the contentions made by the appellant in the petition, which would be elaborated hereinafter, the appellant had sought reconnection of the said 2MW WTG (which had been disconnected on 11.06.2020 in pursuance to the impugned communication / email dated 05.06.2020 of 3^rd respondent) but the Commission rejected the said prayer of the appellant and accordingly dismissed the petition.

2. The appellant had assailed the said order dated 11.07.2020 of the Commission previously also before this Tribunal by way of appeal No.127/2020 which was disposed off vide order dated 14.08.2020 granting liberty to the appellant to withdraw the appeal while reserving its contentions to be agitated again before the Commission invoking its review jurisdiction. Accordingly, the appellant approached the Commission again by way of review petition bearing case No.177/2020 which also came to be dismissed by the Commission vide order dated 05.10.2020.

3. Hence, the appellant is again before us by way of the instant appeal challenging the order dated 11.07.2020 of the Commission.

4. The appellant has in the year 2015 set up 17 WTGs at different places contagious to each other in a specified area in district Sangli in the State of Maharashtra. Each of the WTGs is having installed capacity of 2 MW. 16 out of these 17 WTGs are duly covered by Energy Purchase Agreement (EPA