HC grants time to Delhi govt to reply on Tata Power's plea on reallocation issue
Apr 29, 2022
New Delhi [India], April 29 : The Delhi High Court on Friday granted time to the Delhi government to file a reply to the plea moved by Tata Power Delhi Distribution Limited in connection with the petition moved by BSES Rajdhani Power Limited.
BSES has challenged the transfer of power from Delhi to Haryana and the order issued by the Ministry of Power last month.
Justice Yashwant Varma granted time to the counsel of the Delhi Government to file a reply and listed the matter for May 13, 2022.
The court has extended the stay on the order passed by the Ministry of Powers for the transfer of power to Haryana till the next date of hearing.
The bench has also granted time to BSES to file a rejoinder in the reply filed by the respondents.
The High court on April 12 had allowed Tata power to intervene and to make submissions in the petition moved by the BSES.
The Counsel for the Delhi government submitted that he needs time to file a reply to the petition moved by Tata Powers.
Advocate appearing for Tata Power had submitted that out of total allocation its share is 10 Megawatts. It has submission to make as it is equally affected by the passed by the ministry.
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 Centre had submitted that this was not the first time that the power has been reallocated, it happens from time to time.
Senior Advocate Sandeep Sethi appearing for the petitioner BSES had submitted the aforesaid order is wholly without jurisdiction since no power inheres in the respondents to reallocate power that forms part of the allocation made in favour of the petitioner and duly approved by the Delhi Electricity Regulatory Commission (DERC).
He had also submitted that the surrender of power which was contemplated in terms of the communication of October 7, 2021, was with respect to the Dadri-I Thermal Power Plant alone.
The Senior Counsel had also withdrawn the attention of the court to the order of the DERC of 30 March 2022 which categorically records that the commission had not communicated any request to the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.
