REGULATORY · MARKET STRUCTURE · INDIA
Court upholds SECI reallocation to Adani Green
Change
The Delhi High Court upheld SECI's 2023 reallocation of 2.33 gigawatts of solar capacity from Azure Power India to Adani Green Energy.
Why it matters
A division bench of Justices Dinesh Mehta and Vinod Kumar rejected a public interest litigation filed by advocate Ravi Sharma. The petitioner sought to set aside the December 2023 power purchase agreement reallocating about 2.33 GW from Azure Power to Adani Green and requested investigative agency probes. The bench declined to undertake an investigation or a 'fishing and roving' enquiry on the allegations. The court held that grievances over the bidding process must be raised by a bidder who participated in the competitive process and that any loss would lie with a competitive or prospective bidder.
Implications
- • Legal challenges to SECI allocation decisions must be filed by bidders that participated in the relevant auction.
- • Non-participating public-interest petitioners cannot obtain court-ordered investigations or reversal of allocations on bidding-process grounds.
- • Procurement agencies will face direct legal challenges only from parties with auction standing.
Who is affected
- • Competitive bidders in SECI solar auctions
- • Procurement authorities and legal teams at SECI
- • Solar project developers subject to affected PPAs
- • Public-interest litigants and litigators
Source
Topics
World & Politics Policy & Regulation Law & Public Safety Regulatory Actions Energy & Power Renewable Energy