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vi. By letter dated 27.11.2010, the Respondent No. 1 informed the Appellant that in terms of Regulation 3 of the Procurement from New and Renewable Sources of Energy Regulations, 2008 framed by the State Commission, the cost of interfacing line upto the interconnection point is to be borne only by the Distribution Licensee.

vii. Clause 2 (1) of the EPA provides for payment of Rs 25.75 lakhs per MW by the Respondent No 1 as Infrastructure Development Charges (IDC) to the Appellant for establishing, operating and maintaining the line / substation. The said payment was made by the Respondent No 1 on 09.12.2010 without any protest or condition.

k) Further, in terms of the Energy Purchase Agreement, it is the obligation of the Appellant to establish the interface line for evacuation of electricity from the generating station. In fact, the Energy Purchase Agreement provides for payment of Rs 25.75 Lacs as Infrastructure Development Charges for the specific purpose of establishing interface line up to the interconnection point. The Energy Purchase Agreement also specifically states that the Agreement shall be subject to the Regulations framed by the State Commission which includes the Renewable Energy Regulations.

2. Interfacing and evacuation facilities:
(1) The Distribution Licensee agrees to establish the interface lines up to the interconnection point. The SPG agrees to pay the Infrastructure Development Charges (IDC) of Rs. 25.75 lakhs per MW to the Distribution Licensee for establishing, operating and maintaining the Line/sub-station. The Payment of IDC is subject to the outcome of the Civil Appeal No. 1304 of 2014 filed by Indian Wind energy Association before the Hon'ble Supreme Court of India;"

f) The Appellant has submitted that this Tribunal in Appeal No. 93 of 2009 while deciding on the issue of Infra structure Development Charges collected by TNEB from Wind Energy Developers in the State of Tamil Nadu has held that the Generating Company is liable to pay the said expenditure to the Appellant in the name of IDC fixed by the Appellant through various circulars as per the mutual arrangement and mutual agreement between the parties.

It is pertinent to note that the Energy Purchase Agreement provides for payment of Rs 25.75 Lacs as Infrastructure Development Charges, which has been paid by the Respondent No.1 to the Appellant.