Back
2024 Supreme(Online)(APTEL) 350
APPELLATE TRIBUNAL FOR ELECTRICITY
GREEN ENERGY ASSOCIATION – Appellant
Versus
MAHARASHTRA ELECTRICITY REGULATORY COMMISSION & Ors – Respondent
APL 187 Of 2017
IN THE APPELLATE TRIBUNAL FOR ELECTRICITY (Appellate Jurisdiction)
APPEAL No.187 OF 2017 Dated: 28.08.2024 Present: Hon’ble Mr. Sandesh Kumar Sharma, Technical Member Hon’ble Mr. Virender Bhat, Judicial Member In the matter of:
GREEN ENERGY ASSOCIATION Sargam, 143, Taqdir Terrace, New Shirodkar High School, Dr. E. Borjes Road, Parel (E), Mumbai – 400 012 … Appellant Versus
1. MAHARASHTRA ELECTRICITY REGULATORY COMMISSION Through its Secretary World Trade Centre No. 1, 13th Floor, Cuffe Parade, Colaba, Mumbai – 400 001
2. MAHARASHTRA STATE ELECTRICITY DISTRIBUTION CO. LTD.
Through its Chairman and Managing Director
5th Floor, Prakashgad, Bandra (East)
Mumbai – 400 051
3. MAHARASHTRA ENERGY DEVELOPMENT AGENCY Through its Chairman and Managing Director MHADA Commercial Complex, II Floor, Opp. Tridal Nagar, Yerwada, Pune – 411006 … Respondents Counsel for the Appellant(s) : Dipali Sheth Counsel for the Respondent(s) : Pratiti Rungta for Res. 1 Manoj Kaushik Akash Lamba Nikita Choukse for Res.2
J U D G M E N T
PER HON’BLE MR. VIRENDER BHAT, JUDICIAL MEMBER
1. The appellant M/s Green Energy Association (in short “GEA” or “the association”) is a non-profit organization and was set up in the year 2013. The association is duly registered under the Bombay Public Trusts Act, 1950 vide registration No.F-62393. It has been working towards removing barriers in solar power development and creating an enabling regulatory and policy environment for investments in this sector. It has 34 members in the State of Maharashtra.
2. One of the members of the appellant namely M/s Jai Balaji Business Corporation Private Limited submitted an application on 30.05.2012 to 2nd respondent Maharashtra State Electricity Distribution Company Limited (MSEDCL) for sale of power generated from its solar power plant at preferential tariff. Subsequently, some other members of the appellant also approached the 2nd respondent MSEDCL between the months of February 2014 to November 2014 for granting open access / purchase of power at Average Power Purchase Cost (APPC). The details of these applications are as under: -
“
Sr. no. Name of the Purpose Date of Period
Applicant
application
1.
Patodia Forgings & Gears
OA Application for Captive use under Distribution OA for Solar PV Power project of 0.60 MW at Location No. PVSP_18, Mandrup, South Solapur, Maharashtra
March 19, 2014
April, 2014 to March 2015
2.
Klassic Wheels Pvt Ltd
OA Application for Captive use under Distribution OA for Solar PV Power project of 1.0MW at Location No. PVSP_27, Mandrup, South Solapur, Maharashtra
February 19, 2014
April- 2014 to March 2015
3.
Gaurav Agropipes
OA Application for Captive use under Distribution OA for Solar PV
February 19, 2014
April, 2014 to March 2015
Power project of 1.0MW at Location No. PVSP_25, Mandrup, South Solapur, Maharashtra
4.
Paras PVC Pipes & Fittings Pvt Ltd
OA Application for Captive use under Distribution OA for Solar PV Power project of 0.60 MW at Location No. PVSP_24, Mandrup, South Solapur, Maharashtra
February 19, 2014
April, 2014 to March 2015
5.
Bothara Agro Equipments Private Limited
OA Application for Captive use under Distribution OA for Solar PV Power project of 1 MW at Location No. PVSP_08, Mandrup, South Solapur,
August 16, 2014
April- 2014 to March 2015
Maharashtra
6.
M/s. Bothara Agro Equipments
Application for Sale of Power Generated from 1MW Solar PV Power Project at APPC rate
October 9, 2014
April-2014 to September- 2014
7.
M/s. Gaurav Agro Pipes
Application for Sale of Power Generated from 1MW Solar PV Power Project at APPC rate
October 9, 2014
April-2014 to September- 2014
8.
Paras PVC Pipes
Application for Sale of Power Generated from 1MW Solar PV Power Project at APPC rate
October 9, 2014
April-2014 to September- 2014
9.
Klassic Wheels Pvt. Ltd.
Application for Sale of Power Generated from 1MW Solar PV
