Delhi High Court - Orders
Rays Power Experts Pvt. Ltd vs New Delhi Municipal Corporation on 20 February, 2023
Author: Manoj Kumar Ohri
Bench: Manoj Kumar Ohri
$~33
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 10579/2019 and CM APPL. 22604/2021
RAYS POWER EXPERTS PVT. LTD. ..... Petitioner
Through: Ms. Alisha Gaba, Advocate
versus
NEW DELHI MUNICIPAL CORPORATION ..... Respondent
Through: Mr. Tushar Sannu, Standing Counsel for
MCD with Mr. Azad Bansal and Mr. Devvrat
Tiwari, Advocates
CORAM:
HON'BLE MR. JUSTICE MANOJ KUMAR OHRI
ORDER
% 20.02.2023
1. By way of the present petition filed under Article 226 of the Constitution of India, the petitioner, who claims to be engaged in the business of renewable energy and facilitating development of solar power plants across the country, seeks following reliefs:-
"(a) Issue a Writ, order or direction in the nature of mandamus to NDMC to pay the Petitioner, for the energy supplied by it to NDMC, through its various grid connected rooftop Solar PV Plants;
(b) Issue a Writ, order or direction in the nature of mandamus to NDMC to pay the Petitioner the subsidy amount in accordance with the MNRE Guidelines;
2. Learned counsel for the petitioner submits that the respondent had invited bids for long term procurement of power under "Case - 1 RE"
bidding procedure from solar generators for meeting Renewable Purchase Obligations. The petitioner participated and his proposal was accepted.
Digitally Signed By:SANGEETA ANAND Signing Date:24.02.2023 12:08:11 Multiple Power Purchase Agreements were executed with the respondent thereafter, however, the respondent failed to make good the payments.
3. Learned Standing Counsel for MCD, on instructions, submits that after the last date of hearing, an amount of Rs.3,35,89,685/- has been paid to the petitioner.
4. Learned counsel for the petitioner, on instructions, acknowledges that certain payment has been received, however, submits that it does not satisfy the entire claim.
5. Learned Standing Counsel for MCD, on instructions, submits that a reconciliation of the amount will be carried out.
6. Accordingly, the present petition is disposed of with a direction to the petitioner to appear before the concerned officer of the respondent. Let the reconciliation be done by the respondent and the petitioner be granted an opportunity of personal hearing. In case the petitioner remains aggrieved, it shall be at liberty to seek remedy in accordance with law.
MANOJ KUMAR OHRI, J FEBRUARY 20, 2023 na Digitally Signed By:SANGEETA ANAND Signing Date:24.02.2023 12:08:11