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Punjab & Haryana High Court: Land Acquisition Collector Cannot Decide Compensation Entitlement Disputes; Must Make Reference Under Section 76 of RFCTLARR Act

The Punjab and Haryana High Court has held that a Land Acquisition Collector cannot adjudicate disputes relating to entitlement or apportionment of compensation under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (RFCTLARR Act). The Court ruled that where a bona fide dispute exists, the Collector is statutorily bound to refer the matter to the competent authority under Section 76 of the Act. A Division Bench comprising Justice Suvir Sehgal and Justice Vikas Suri passed the judgment in Gurdeep Singh and Another v. State of Punjab and Others (CWP-11737-2026). Background of the Case The dispute arose from agreements to sell executed in 2005 and 2006 between late Attar Singh and the petitioners concerning agricultural land situated in Punjab. Although a sale deed was executed in favour of the petitioners, subsequent litigation led to its cancellation by the High Court in contempt proceedings in 2008. However, while directing...
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HERC Clarifies CSS Exemption for Captive Power Through STOA, Grants Relief to Jindal Stainless

  In a significant ruling for open access consumers and captive power users, the Haryana Electricity Regulatory Commission (HERC) has clarified that exemption from Cross Subsidy Surcharge (CSS) available to captive consumers under Section 42(2) of the Electricity Act, 2003 is not dependent upon the nature of open access availed. The Commission held that the exemption applies equally to captive power transactions undertaken through Short-Term Open Access (STOA), provided the captive status stands duly established. The order was passed in Petition No. 9 of 2026 filed by Jindal Stainless Limited against Dakshin Haryana Bijli Vitran Nigam Limited (DHBVNL) . Background of the Dispute Jindal Stainless approached HERC seeking clarification after DHBVNL rejected its request for exemption and refund of Cross Subsidy Surcharge on captive power procured from its captive generating arrangement through Short-Term Open Access. The company argued that once captive status is verified under applic...
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HERC Rejects HPPC's Petition Seeking Approval of 495 MW Solar Power Procurement in Haryana

In a significant order that could influence future renewable energy procurement in Haryana, the Haryana Electricity Regulatory Commission (HERC) has declined to grant approval to Haryana Power Purchase Centre's (HPPC) proposal for procurement of 495 MW solar power from seven solar developers through tariff-based competitive bidding. The petition was filed by HPPC under Sections 63 and 86(1)(b) of the Electricity Act, 2003 seeking source approval, approval of Power Purchase Agreements (PPAs), and adoption of tariffs discovered through a competitive bidding process for procurement of solar power from projects proposed to be established within Haryana. The discovered tariff ranged between Rs. 2.86/kWh and Rs. 2.97/kWh. Background of the Tender HPPC had floated Request for Selection (RfS) No. 123/HPPC/Solar/LTP-III/500MW/T-2 dated 11 September 2025 for procurement of 500 MW solar power through competitive bidding. Following the bidding process, seven solar power developers emerged as s...
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APTEL Quashes MSEDCL's BESS Procurement Process Over Post-Bid Change in Tender Conditions

In a significant ruling concerning competitive bidding in the power sector, the Appellate Tribunal for Electricity (APTEL) has set aside the Maharashtra Electricity Regulatory Commission's (MERC) order approving tariff for procurement of Battery Energy Storage System (BESS) capacity by Maharashtra State Electricity Distribution Company Limited (MSEDCL). The Tribunal held that the bidding process stood vitiated because a material condition relating to utilisation of Battery Energy Storage Systems was introduced after completion of the bidding process, thereby altering the fundamental basis on which bids had been submitted. Background of the Dispute The appeals arose from MERC's order dated 6 March 2026 approving tariff discovered through competitive bidding for procurement of 2000 MW / 4000 MWh Battery Energy Storage Systems with Viability Gap Funding (VGF) support for a period of 15 years. The bidding documents originally contemplated operation of the BESS project on the ba...
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