Delhi HC stalls Centre’s move to divert power from Capital’s share to Haryana

Senior Advocate Sandeep Sethi, representing the power company, earlier argued that the Centre has now the power to re-allocate the electricity that forms part of the allocation made in its favour and which has been duly approved by the Delhi Electricity Regulatory Commission (DERC). The order passed by the Centre “alluded” to a purported surrender by Delhi but the same was disputed by the power company saying that the communication regarding it was only with respect to the Dadri-I Thermal Power plant alone.

“The attention of the Court is also drawn to the order of the Delhi Electricity Regulatory Commission of March 30, 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 other States,” noted the court in its order.

The court said that it additionally takes note of the Electricity Act, 2003 and jurisdiction granted to the Electricity Regulatory Commissions under the Act.

“The Court also takes notes of the averments made in paragraph 5 of the writ petition where the petitioners aver that the impugned order would, if permitted to operate, come into effect from 00:00 hours on Friday, April 1, 2022. The resultant deficiency would have to be arranged before 10:00 am on Thursday i.e. March 31, 2022. The matter requires consideration,” said the bench.