The Madras High Court has upheld certain provisions in the 2010 guidelines of the Union Ministry of New and Renewable Energy for generating electricity by private roof-top and other small solar power plants.
Dismissing a batch of petitions challenging the provisions, Justice M.Duraiswamy said in March 2010 the draft guidelines of the programme were published inviting suggestions and objections. The petitioners could have raised objections then.
Policy decisions of the government prescribing certain eligibility criteria could not be questioned by petitioners. They had participated in the selection process on their own. Now they could not challenge the clauses. Further, public interest outweighed private interest.
ADVERTISEMENT
Mr.Justice Duraiswamy said the petitioners had not substantiated that the clauses were arbitrary, and overwhelming public interest required the court’s interference. The petitions had been filed by Saheli Export Pvt.Ltd at Nungambakkam here and others seeking to quash four clauses in the guidelines related to notification of tariff orders by State Electricity Regulatory Commissions (SERCs), submission and registration procedures and details of power purchase agreements.
The petitioners said these clauses virtually ruled out participation in the programme by persons/utilities from the Union Territories and Goa as the respective SERCs had failed to notify the tariff.
Petitions against four clauses pertaining to notification of tariff quashed