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The Delhi High Court has stayed an order of 29th March 2022 passed by the Ministry of Power which alluding to a purported surrender of power generated by the Dadri-II Thermal Power Station by GNCTD, has transferred the same to the State of Haryana.

BSES Rajdhani Power Limited, a DISCOM, approached the High Court challenging the order of 29th March 2022.

Senior Advocate Sandeep Sethi, appearing for BSES argued that the said order was wholly without jurisdiction since no power inheres in the respondents to reallocate power that forms part of the allocation made in favour of them and duly approved by the Delhi Electricity Regulatory Commission.

The recital in the impugned order of GNCTD having surrendered power was also disputed by Sethi. 

"The surrender which was contemplated in terms of that communication was with respect to the Dadri-I Thermal Power Plant alone...", he submitted before a single judge bench of Justice Yashwant Varma.

Court's attention was also drawn to the order of the Delhi Electricity Regulatory Commission of 30th March 2022 which categorically recorded that the Commission had not communicated any request to the Ministry of Power to either re-allocate or surrender the share of NCT from Dadri-II to other States. The said order also noted the Power Purchase Agreement executed between the petitioning DISCOMS with NTPC which are valid up to 30th July 2035.

Sethi further submitted that if the order impugned were to be implemented, 23% of the populace of the National Capital would be deprived of power in the next 24 hours.

The petition additionally averred that if the impugned order would be permitted to operate, coming into effect from 00:00 hours on Friday 1st April 2022, the resultant deficiency would have to be arranged before 10:00 A.M. on Thursday i.e. 31st March 2022.

Advocate Kirtiman Singh appearing on advance notice and representing the Union respondents prayed for the matter being put up on 1st April, 2022 in order to enable him to obtain instructions.

Noting that the matter requires further consideration, the court has listed the matter on top of the board tomorrow.

Case Title: BSES RAJDHANI POWER LIMITED & ANR. vs. NORTHERN REGIONAL POWER COMMITTEE & ORS.