HC extends stay on order for transfer of Power from Delhi thermal plant to Hry

New Delhi, April 29 The Delhi High Court on Friday extended till May 13 the stay granted on an order passed by the Centre, re-allocating power generated by the city's Dadri-II Thermal Power Station from Delhi to the neighbouring Haryana.

Dealing the plea by BSES Rajdhani Power Limited challenging an order of the Ministry of Power for the transfer of power, Justice Yashwant Varma extended the time period for the Delhi government to file its response in the matter by slating it for May 13.

The bench has also granted time to the petitioner to file a rejoinder in the reply filed by the respondents.

Earlier this month, the court had issued notice to the Centre and others on the plea.

In the last hearing, senior advocate Sandeep Sethi, who represented the BSES, argued that the order is on the whole without jurisdiction since no power inheres in the respondents to reallocate power that forms part of the allocation made in favour of the petitioner and duly approved by the Delhi Electricity Regulatory Commission (DERC).

"The surrender of power which was contemplated in terms of the communication of October 7, 2021, was with respect to the Dadri-I Thermal Power Plant alone," he added.

The earlier observation of the bench stated: "The court also takes note 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 a.m. on Thursday, that is, March 31, 2022. The matter requires consideration."