IN THE APPELLATE TRIBUNAL FOR ELECTRICITY NEW DELHI (APPELLATE JURISDICTION)

APPEAL NO.307 OF 2018 AND APPEAL NO.275 OF 2019 Dated: 28.11.2022 Present: Hon’ble Mr. Justice R.K. Gauba, Officiating Chairperson Hon’ble Mr. Sandesh Kumar Sharma, Technical Member In the matter of:

APPEAL NO.307 OF 2018 M/S ADANI GREEN ENERGY (UTTAR PRADESH) LTD Through its Authorized Signatory, Mr. Rakesh Shah Achairaj Opp. Mayor Bungalow, Law Garden, Ahmedabad-380 006 .... Appellant(s)

VERSUS

1. UTTAR PRADESH ELECTRICITY REGULATORY COMMISSION Through its Secretary, 2nd floor, Kisan Mandi Bhawan, Vibhuti Khand, Gomti Nagar, Lucknow – 226001

2. UTTAR PRADESH POWER CORPORATION LTD. (UPPCL)

Through its Chairman, Shakti Bhawan, 14, Ashok Marg Lucknow - 226001

3. UTTAR PRADESH NEW & RENEWABLE ENERGY DEVELOPMENT AGENCY (UPNEDA)

Through its Director, Vibhuti Khand, Gomti Nagar, Lucknow - 226001

4. UTTAR PRADESH POWER TRANSMISSION CORPORATION LTD. (UPPTCL)

Through its Chairman, Shakti Bhawan, Ashok Marg Respondent(s)

Lucknow - 226001 ….

Counsel for the Appellant(s) : Mr. Snajay Sen, Sr. Adv.

Mr. Amit Kapur Mr. Akshat Jain Mr. Avdesh Mandloi Ms. Ruth Elwin Mr. Raunak Jain Counsel for the Respondent(s) : Mr. C K Rai Mr. Sumit Panwar for R-1 Mr. Raghvendra Singh, Sr. Adv.

Mr. Altaf Mansoor for R-2 Mr. Amitav Singh Mr. Jagannath Nanda for R-3 Mr. Puneet Chandra for R-4 APPEAL NO.275 OF 2019 M/S SAHASRADHARA ENERGY PRIVATE LTD New No. 25, Old No. 10, Sir Madhavan Nair Road, Mahalingapuram, Nungambakkam, Chennai – 600034 .... Appellant(s)

VERSUS

1. UTTAR PRADESH ELECTRICITY REGULATORY COMMISSION 2nd floor, Kisan Mandi Bhawan, Vibhuti Khand, Gomti Nagar, Lucknow – 226001

2. UTTAR PRADESH POWER CORPORATION LTD.

Shakti Bhawan 14 – Ashok Marg Lucknow - 226001

3. UTTAR PRADESH NEW & RENEWABLE ENERGY DEVELOPMENT AGENCY Vibhuti Khand, Gomti Nagar, Lucknow - 226001 …. Respondent(s)

Counsel for the Appellant(s) : Mr. Anand K. Ganewan Ms. Swapna Seshadri Ms. Ashabari Basu Thakur Counsel for the Respondent(s) : Mr. C K Rai Mr. Sumit Panwar for R-1 Mr. Basava Prabhu Patil, Sr. Adv.

Mr. Aashish Gupta Ms. Sadhika Gulati Mr. Geet Ahuja Mr. Rajarishi Roy for R-2

J U D G M E N T

PER HON'BLE MR. JUSTICE R.K. GAUBA, OFFICIATING CHAIRPERSON

1. The claim for parity in tariff vis-à-vis other selectees in the same competitive bidding process for procurement of power within the circumspection of Section 63 of the Electricity Act is pressed for consideration through the appeals at hand.

2. The appellants in the captioned appeals, along with similarly placed other entities, had participated in a tariff based competitive bidding process initiated by respondent Uttar Pradesh New & Renewable Development Agency (“UPNEDA”) through Request for Proposal (“RfP”) published on 31.01.2015, as amended on 24.04.2015, for procurement of 215 MW power from Grid Connected Solar PV Power Projects, pursuant to Uttar Pradesh Solar Power Policy, 2013, adopted and promulgated on

23.01.2015 by the Government of Uttar Pradesh, for promotion and establishment of solar energy based power projects, both grid connected and off-grid type, it envisaging certain incentives to be available for specified regions in the matter of expenditure on construction of transmission line and sub-station.

3. Indisputably, the tariff based competitive bidding process is regulated by the provision contained in section 63 of the Electricity Act, 2003. Fifteen bidding companies were selected, on the recommendations of Bid Evaluation Committee, for various capacities offered, the tariff quoted by them, for a period of 12 years, having ranged from the lowest of Rs.7.02/kWh (of M/s Essel Infra Projects Ltd., Mumbai) to the highest of Rs.8.60/kWh (of M/s Sree Radhey-Radhey Ispal Pvt. Ltd., Kanpur).

4. The matter was taken, by a formal petition (no.1110/2016), to respondent Uttar Pradesh Electricity Regulatory Commission (“the State Commission”) by UPNEDA and another respondent Uttar Pradesh Power Corporation Limited (“UPPCL”), the procurer, with request for adoption