J U D G M E N T

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

1. The present Appeal has been filed by the Appellant M/s Saurya Urja Company of Rajasthan Limited (“Appellant”) against the impugned order dated 8.12.2020 passed by the Rajasthan Electricity Regulatory Commission (“RERC” or “State Commission”) in Petition No. RERC 1783/2020 (“Petition”). The Petition was filed by the 2^nd & 3^rd Respondents (the Solar Project Developers (SPD)) before the State Commission under Section 86 (1) (c), (k) and (e) of the Electricity Act, 2003 (“Act”) seeking directions upon the Appellant Solar Power Park Developer (SPPD) for facilitating smooth generation of solar energy without undue impediments.

2. The Appellant being aggrieved by the impugned order claiming that the Respondent Commission passed the order without having jurisdiction in the matter filed the present Appeal. The Appellant submitted that a dispute between a Generating Company and a SPPD could not have been adjudicated upon by the State Commission under the provisions of section 86(1)(f) of the Act.

3. Description of Parties:-

3.1 The Appellant is a Joint Venture Company between the State Government of Rajasthan and M/s IL&FS