HC asks Centre to examine claims of Delhi, Haryana for allocation of power from Dadri-II thermal plant

New Delhi [India], June 3 : The Delhi High Court on Wednesday asked the Centre through the Ministry of Power to examine the rival claims and consider the validity of the right of the States of Haryana as well as Delhi for continued allocation of power from Dadri-II power plant.
The Delhi High Court, while passing an order on the matter said, "There is an emergent need for an exercise to be undertaken by the centre to examine, evaluate and balance the interests and requirements of Delhi and Haryana."
Justice Yashwant Varma also asked the Centre to explore avenues which may safeguard the interests and projected needs of the two States and take an appropriate decision based on a holistic examination of all the facts that may be placed before it.
Justice Varma said, " This exercise of balancing would necessarily entail evaluation and examination of various factual aspects including the data that may be produced with respect to the demand of respective States, the availability of alternate sources to meet exigencies, the likely cost burden to be borne by the respective States and other germane considerations which may have a bearing on the issue."
Earlier, the High Court passed this order on the application moved by the State of Haryana seeking a vacation of stay on the interim order of March 30, 2022. The High Court while hearing the petition moved by the BSES has stayed the order passed by the Centre for the reallocation of 700 MW of power to Haryana from Dadri-II Plant. BSES had challenged the order passed by the Centre on March 29, 2022. Later, Tata Power also filed the intervention application in the petition.
The Court on Wednesday said that the interim order staying the Centre's decision will continue till a final decision is taken by the Ministry of Power. The Court has asked the Centre to proceed expeditiously in view of the assertion of shortage of power by Haryana. The petition has been listed for further hearing on October 10, 2022.
Opposing the petition of BSES, the Centre and NTPC had argued that the Delhi government in July 2015 had surrendered its allocated power of 735 MW from the Dadri-II plant and the surrender was final.
The Counsel for the Haryana Power Purchase Centre argued on the application that first time Delhi on 29 October 2021. It was also submitted that no illegality was committed by the Centre in allocating power to the State of Haryana.
"Bearing in mind the urgency and the shortage of power as canvassed by HPPC, the Court further requests the MoP to proceed in the matter with due expedition bearing in mind the fact that the allocation in favor of the State of Haryana is itself restricted to October 2022 and is stated to be facing severe power outage," the Court added.
The Court was of the view that there was an emergent need for an exercise being undertaken to examine, evaluate and balance the interests and requirements of two competing constituents of the Union.
On the other hand, the petitioner BSES had argued that the centre could not have interfered in the contract between the power companies and NTPC which is valid till July 30, 2035. It was also argued that the 2015 communication must be viewed in light of the position which prevailed then. Delhi was a power surplus at the time, the petitioner said.
The Bench noted in the order that no formal retraction of the 2015 letter communicating surrender of the allocated power was conveyed to the centre. The petitioners as well as the DERC never raised any objection to that communication. It fails to find any fault in the union government exercising its power of reallocation, the Bench said.