IN THE APPELLATE TRIBUNAL FOR ELECTRICITY (Appellate Jurisdiction)

Dated: 30^th May, 2025 Present: Hon’ble Mr. Sandesh Kumar Sharma, Technical Member Hon’ble Mr. Virender Bhat, Judicial Member In the matter of:

1. Southern Power Distribution Company of Telangana Ltd., Rep. by the Chairman and Managing Director, Corporate Office, 6-1-50, Mint Compound, Hyderabad, Telangana – 500063.

2. Northern Power Distribution Company of Telangana Ltd., Rep. by the Chairman and Managing Director, Corporate Office, Vidyuth Bhavan, Hanamkonda, Warangal, Telangana – 506001. …Appellant(s)

Versus

1. Central Electricity Regulatory Commission, 3^rd & 4^th Floor, Chanderlok Building, 36, Janpath, New Delhi -110001.

2. M/s Parampujya Solar Energy Private Limited, 5B, Sambhav House, Judges Bungalow Road, Bodakdev, Ahmedabad – 380015, Gujarat.

3. The Ministry of New and Renewable Energy (MNRE)

Block-14, CGO Complex, Lodhi Road, New Delh110 003.

4. National Thermal Power Corporation Ltd. (NTPC), Core-7, SCOPE Complex, 7, Institutional Area, Lodhi Road, New Delhi-110 003. … Respondent(s)

Counsel for the Appellant(s) : Mr. D. Abhinav Rao for Appellant 1 & 2 Counsel for the Respondent(s) : Mr. Amit Kapur Ms. Poonam Verma Sengupta Ms. Aparajita Upadhyay Mr. Sidhant Kaushik Ms. Sakshi Kapoor Mr. Saunak Kumar Rajguru Ms. Adishree Chakraborty for Res.2 Mr. Shri Venkatesh Ms. Nishtha Kumar Mr. Somesh Srivastava Mr. Vikas Maini Mr. Suhael Buttan Mr. Ashutosh Kumar Srivastava Mr. Lasya Pamidi for Res.4

JUDGEMENT

PER HON’BLE MR. SANDESH KUMAR SHARMA, TECHNICAL MEMBER

1. The Appeal no. 158 of 2021 has been filed by the Appellants ie Southern Power Distribution Company of Telangana Ltd. and Northern Power Distribution Company of Telangana Ltd. The Appellants are, hereby, challenging the common order in Petition No. 209/MP/2018 (‘Impugned Order’) dated

12.04.2019 passed by the Central Electricity Regulatory Commission (in short “Central Commission or ‘CERC’).

Description of parties:-

2. The Appellants herein, are Southern Power Distribution Company of Telangana Limited and Norther Power Distribution Company of Telangana Limited (hereinafter referred as TSDISCOMS), are companies incorporated under the provisions of the Companies Act, 1956 and are distribution utilities of the state of Telangana.

3. Respondent No. 1 is Central Electricity Regulatory Commission, is a statutory body constituted under Section 76 of the Electricity Act, 2003.

4. Respondent No. 2 is M/s Parampujya Solar Energy Private Limited, a generating company in terms of Section 2(28) of the Electricity Act, 2003 and owns and operates the Solar Power Project in the State of Telangana.

5. Respondent No.3 is Ministry of New and Renewable Energy (MNRE), Govt, of India issued guidelines for selection of 3000 MW Grid connected Solar PV power projects under Batch-II “State Specific Building Scheme”.

6. Respondent No.4 - NTPC is identified by the Govt. of India as the Nodal Agency for purchase and sale of grid connected ‘Solar PV’ power under the “State Specific Bundling Scheme” under National Solar Mission.

7. After hearing the learned counsel on either side and examining the documents filed before us, we observe that the present case is also covered by our judgement rendered in Appeal No. 394 of 2018 & batch (Azure Power Jupiter Pvt. Ltd. Vs. Central Electricity Regulatory Commission & Ors.).

8. In the said judgement, we have observed as under:-

“For the foregoing reasons as stated above, we are of the considered view that the batch of appeals is remanded to the CERC in terms of the observation made in the foregoing paragraphs with the following directions:

“Suffice it, therefore, to dispose of these appeals in terms of the Order passed by this Tribunal in Appeal No. 256 of 2019 dated 15.09.2022, making it clear that, consequent on remand, the observations made here in shall be considered by the CERC while passing an order afresh. Needless to state that, in terms of the Order of the Supreme Court, the order to be passed by the CERC