नई दिल्ली

NEW DELHI यादिका संख्या./ Petition No. 294/MP/2024 कोरम/ Coram:

श्री जिश्नु बरुआ, अध्यक्ष/Shri Jishnu Barua, Chairperson श्री रमेश बाबू वी., सिस्य/Shri Ramesh Babu V., Member श्री हरीश िुिानी, सिस्य/Shri Harish Dudani, Member श्री रदवंिर दसंह दिल्लो,ं सिस्य/Shri Ravinder Singh Dhillon, Member आिेश दिनांक/ Date of Order: 04th of February, 2026 IN THE MATTER OF Petition under Section 79 of the Electricity Act, 2003, read with Article 12 of the Power Purchase Agreement dated 19.10.2020 between Avaada Sunrays Energy Pvt. Ltd. and NHPC Ltd., seeking a declaration that (i) change in Goods and Services Tax from 5% to 12% and 13.8%, respectively, w.e.f. 01.10.2021 by way of GST Amendment Notifications dated 30.09.2021, and (ii) requirement of installation of bird diverters on overhead transmission lines in terms of the order dated 19.04.2021 issued by the Hon’ble Supreme Court in W.P. (C) No. 838 of 2019 qualifies as ‘Change in Law’ events under Article 12 of the PPA and consequently, directions to NHPC Ltd. to compensate the Petitioner towards additional expenditure incurred on account of the ‘Change in Law’ events along with carrying cost.

AND IN THE MATTER OF:

Avaada Sunrays Energ