E-Paper
Haryana: Eleven Power licence row reaches appellate tribunal
DHBVN, All India Power Engineers Federation file separate caveats; former Haryana finance minister challenges regulator’s October 19 order of granting parallel licence to a private company
Prefer HTon Google
The tussle revolving around the Haryana Electricity Regulatory Commission (HERC) granting a parallel power distribution licence to a private firm and later the regulator applying brakes on its order is heading to the Appellate Tribunal for Electricity (APTEL) in New Delhi, it has emerged.
Dakshin Haryana Bijli Vitran Nigam (DHBVN) and All India Power Engineers Federation (AIPEF) have filed separate caveats (copies with HT), anticipating an appeal by Eleven Power against HERC’s October 28 order of “not to proceed further” with its October 19 order, under which the private company was granted electricity distribution licence for Gurugram and Nuh districts.
It is learnt that Eleven Power has also challenged HERC’s October 28 order before the AIPEF. While putting its order of, granting Eleven Power distribution licence on hold, HERC rejected plea of the firm which sought an opportunity to present its case if the regulator took up any issue related to the licence granted on October 19.
On the other hand, former Haryana finance minister Sampat Singh has also challenged the regulator’s October 19 order, granting the parallel distribution licence to the company, setting the stage for a wider legal battle over the contentious issue.
In its caveat dated October 28, DHBVN has stated that there is an “apprehension that Eleven Power may file an appeal(s)” under Section 111 of the Electricity Act-2003 against the October 28 order HERC has passed or against October 26 direction Haryana government has issued to the HERC under Section 108 (1) of the Electricity Act, 2003 or “any order connected therewith” including October 19 order, granting a parallel distribution licence to the “expected appellant” for Gurugram and Nuh revenue districts.
“Let no order be passed in the appeal expected to be filed or any interlocutory application that may be preferred by the expected appellant/petitioner without service of notice on caveator/expected respondent,” reads the plea of DHBVN.
Similarly, All India Power Engineers Federation (AIPEF), a registered society, also approached the appellate tribunal on October 31 through the caveat petition filed under rule 22 of the APTEL (procedure, form, fee and record of proceedings) rules, 2007. In its plea, filed through AIPEF president Shailendra Kumar Dubey, the society stated that it is filing the caveat because of the apprehension that Eleven Power may file an appeal(s) against HERC’s October 28 order or against the October 26 directions of the Haryana government.
The AIPEF is a federation of power engineers working in the electricity sector across the country, which participated as an intervenor in the proceedings before the HERC regarding the grant of the parallel distribution licence to the expected appellant.
“The caveator is, therefore, a person interested in and likely to be affected by any appeal application that may be preferred by the expected appellant, and is entitled to be heard before any order is passed therein,” reads the petition of the AIPEF.
Sampat slams state govt
Indian National Lok Dal’s (INLD) national patron Sampat Singh on Sunday said that he has challenged the HERC’s October 19 order granting a distribution licence to Eleven Power. The former finance minister asked the state government to clarify if the directions issued to HERC under Section 108 of the Electricity Act, 2003 “not to create or effectuate a parallel distribution licence” in the state, were backed by a formal decision of the council of ministers under government business rules.
“With Eleven Power moving the Appellate Tribunal for Electricity to pursue legal remedies, I have also filed an appeal before APTEL on October 28, challenging the HERC’s October 19 order, which is at the root of the controversy,” Singh said in a statement.
Terming government’s intervention as “temporary and not a permanent solution,” the former finance minister said that despite the temporary relief critical questions remain unanswered.
