IN THE APPELLATE TRIBUNAL FOR ELECTRICITY (Appellate Jurisdiction)

APPEAL NO. 115 OF 2021 Dated: 27.09.2022 Present: Hon’ble Mr. Justice R.K. Gauba, Officiating Chairperson Hon’ble Mr. Sandesh Kumar Sharma, Technical Member In the matter of:

RAJASTHAN STATE MINES & MINERALS LTD., Through its Manager (Electrical-Project) Shri Vilas Tavera

4, Meera Marg, Udaipur-313004 (Rajasthan) Appellant(s)

Versus

1. JODHPUR VIDYUT VITRAN NIGAM LIMITED (JVVNL)

Through its Managing Director New Power House, Industrial Area, Jodhpur-342003 ( Rajasthan)

2. RAJASTHAN URJA VIKAS NIGAM LTD.

Through its Managing Director. Vidhyut Bhawan, Janpath, Jyothi Nagar, Jaipur-302005 (Rajasthan)

3. RAJASTHAN RENEWABLE ENERGY CORPORATION LTD., Through its Managing Director.

E-166, Yudhister Marg, C-Scheme, Ashok Nagar, Jaipur-302001 (Rajasthan)

4. RAJASTHAN ELECTRICITY REGULATORY COMMISSION Through its Secretary.

“Vidyut Vinyamak Bhawan”, Near State Motor Garage, Sahakar Marg, Jaipur-302005 (Rajasthan)

Respondent(s)

Counsel for the Appellant(s) : Mr. P.N. Bhandari Mr. Paramhans Sahani Counsel for the Respondent(s) : Ms. Poorva Saigal Mr. Shubham Arya Ms. Richa Singh Ms. Shikha Sood Mr. Ravi Nair for R1 & 2 J U D G E M E N T (Oral)

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

1. The appellant herein along with certain others, all renewable energy generators, had approached the Rajasthan Electricity Regulatory Commission (for short, “RERC”) by Petitions – no. 1460 of 2019 in the case of the appellant, each raising a dispute for adjudication under Section 86(1)(f) of Electricity Act, 2003, the prime prayer being for extension of the term of the respective Power Purchase Agreements (PPAs) which had been signed with the respondent distribution licensees operating in the State of Rajasthan, under Renewable Energy Certificate (REC) mechanism. Indisputably, the term of the PPA executed by the appellant with the distribution licensees was initially for the period of fifteen months which was extended up to 31.03.2019. In the context of the said prayer, a dispute was also raised as to the capping of the power projects’ cost of electricity component to average of pooled cost. The said petitions including that of the appellant herein were disposed of by a common Order dated 22.03.2019 which is assailed by the appeal at hand.

2. The prayer clauses pressed before us in the appeal read as under:

“21. Relief Sought:

...

(i) May kindly allow the present appeal and set aside the impugned order dated 22.3.2019 in Petition No. 1460/2019, passed by the ld.

Commission.

(ii) May kindly declare that the Appellant’s PPA in question is valid &

operational, as per the Regulations for the next 25 years from the date of execution of PPA.

(iii) May kindly declare that no Regulations can have retrospective effect. (iv) May kindly declare the retrospective amendment in the Appellant’s PPA is bad in law.

(v) May kindly direct for immediate release of the due amount, which is quite huge and (which has been pending for the last 18 months) and continue payments as per the terms & conditions of PPA.

(vi) May kindly direct the respondent Jodhpur Discom to continue procuring electricity generated by the Appellant as per the PPA &

continue joint meter reading as has continued until now.

(vii) May kindly impose heavy costs upon the Respondent Jodhpur Discom as it has created unprecedented disruption & financial crisis for the Appellant.

(viii) May kindly direct respondent Jodhpur Discom to compensate the Appellant for the loss of interest due to non-payment of the due amount.

(ix) Any other relief, which the Hon’ble Tribunal deems proper in the interest of justice and fairness.”

3. It is mentioned in the averment in the appeal itself that prior to filing of the appeal at hand, the appellant had joined certain others in approaching the High Court of Rajasthan invoking its writ jurisdiction, the writ petitions led by Civil Writ no. 17430/2019 being pending before a Division Bench of the High Court. The prayer clauses i