HC seeks Centre's response on reallocating power to Haryana from Dadri-II plant of Delhi
Apr 01, 2022
New Delhi [India], April 1 : The Delhi High Court on Friday sought a response from the Centre and other parties in a matter connected with the reallocation of power from the Dadri-II thermal power plant of Delhi to Haryana.
The court has listed the matter on April 29 for further hearing.
Justice Yashwant Varma directed the parties to file their response to the petition moved by the BSES Rajdhani against the order passed by Ministry of Power on March 29, 2022.
ASG Chetan Sharma submitted that the reallocation was not unusual and it happens at times.
The High Court on Wednesday had stayed the order passed by the Central Government reallocating power from Dadri-II Plant of Delhi to Haryana. The court has extended the stay till the next date of hearing.
Power Discom BSES Rajdhani has challenged the order of 29 March 2022 passed by the Ministry of Power. The order was to be effective from April 1.
Justice Varma had issued notice on the petition moved by the BSES to the respondent parties including Northern Regional Power Committee and others. The notice was accepted by the counsel for the parties.
The petitioner has challenged the order of 29 March 2022 passed by the Ministry of Power which alludes to a purported surrender of power generated by the Dadri-II Thermal Power Station by GNCTD which has transferred the same to the state of Haryana.
Senior Advocate Sandeep Sethi, who appeared for the petitioner, had submitted the aforesaid order is whole 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 drawn 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 another state.
Sandeep Sethi had submitted that if the impugned order were to be implemented, 23 percent of the populace of Delhi would be deprived of power in the next 24 hours.
The court also took note of the submission that the impugned order would if permitted to operate, come into effect from midnight of Friday, April 1, 2022. The resultant deficiency would have to be arranged before 10 am on Thursday, March 31, 2022.
