Delhi HC agrees to hear intervention plea moved by Tata Power on power reallocation to Haryana

New Delhi [India], April 12 : The Delhi High Court on Tuesday agreed to hear the plea moved by Tata Power Delhi Distribution Limited in connection with the petition moved by BSES Rajdhani Power Limited challenging the transfer of power from Delhi to Haryana.
BSES challenged the order issued by the Ministry of Power in March 2022.
Justice Yashwant Varma allowed Tata Power to intervene and make submissions in the petition moved by the BSES.
The High Court on March 30 had stayed the order passed by the Ministry of Power on March 29 for the reallocation of power from the Dadri-II plant to Haryana.
The bench had extended the stay order until April 29, the next date of hearing. The court had granted time to the centre to file a response to the petition.
On the other hand, the centre had submitted that this was not the first time that the power has been reallocated; it happens whenever needed.
Senior Advocate Sandeep Sethi appearing for the petitioner BSES submitted that the aforesaid order is passed without jurisdiction since respondents have no right to reallocate power that is part of the allocation made in favour of the petitioner and duly approved by the Delhi Electricity Regulatory Commission (DERC).
He also submitted that the surrender of power contemplated in terms of the communication on October 7, 2021, was related to the Dadri-I Thermal Power Plant alone.
Senior Counsel had also drawn the attention of the court to the DERC order of March 30, 2022, which categorically records 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.