Document Fragment View

Matching Fragments

https://www.mhc.tn.gov.in/judis ____________ W.P. Nos.26250-26253/2024

30. It is the further submission of the learned senior counsel that the contention of GECL that even infrastructure development charges of Rs.30 Lakhs/MW is being collected for STU connected wind power projects and, therefore, there is no violation of Article 19 (1)(g) is wholly erroneous as the said levy is made in respect of projects, which have outlived its life of 20 years and only for such of those projects, towards repowering, refurbishment or life extension projects, which provides for certain additional benefits to STU- connected projects, Tamil Nadu Repowering Policy, 2024, provides the exemption on supply of power and extention of life period of the project, however, the said benefits are not being granted to the CTU-connected projects and, therefore, drawing analogy with regard to charging Rs.30 Lakh/MW towards infrastructure development charges for STU-connected units cannot be imported to the case of the petitioners to suggest that the Resource charges is akin to infrastructure development charges and, therefore, there is no inequality between CTU-connected and STU-connected wind power projects and such a contention is nothing but an attempt to mislead the court. It is also further submitted that G.O. (Ms) No.80 dated 22.8.2024, issued by the 1st respondent along with the TN Repowering Policy has been challenged before the Madurai https://www.mhc.tn.gov.in/judis ____________ W.P. Nos.26250-26253/2024 Bench of this Court in W.P. (MD) No.25444/2024 in the case of Tamil Nadu Spinning Mills Association – Vs – State of Tamil Nadu & Ors. As being arbitrary, illegal, without any authority or jurisdiction and in contravention of Electricity Act, 2023 and the same is pending adjudication and, therefore, the said charges cannot be brought into play for charging the petitioners with Resource Charges, which is also arbitrary, illegal and without any authority or jurisdiction.

56. It is the further submission of the learned senior counsel that the stand of GECL that CTU-connected electricity is expensive is incorrect and no proof thereof has been submitted by GECL barring the statement made across the Bar.

57. It is the further submission of the learned senior counsel that STU- connected wind power projects have also to pay infrastructural development charges of Rs.30 Lakhs/MW and, therefore, there is no inequality, is wholly incorrect for the reason that infrastructural development charges are not applicable for all STU-connected projects and it is only mandatory for such of the wind energy generators, who have completed their operational life of 20 years. Further on the basis of the Tamil Nadu Repowering Police, 2024, additional benefits are conferred on STU-connected projects, which is not available to CTU- connected wind power projects.