Madrash HC Order WEPPA vs TNGERC Additional Levy of Rs.50 Lakh/MW Resource Charge on Wind Power Projects in Tamil Nadu

Wind Independent Power Producers Association, JSP Green Wind 1 Pvt. Ltd. and 8 others

versus

State of Tamil Nadu, Tamil Nadu Green Energy Corporation Ltd. & 4 Others

Background:

1. The levy of ‘Resource Charge’ at Rs.50 Lakhs/MW for the electricity generated and wheeled to the Central Transmission Unit (for short ‘CTU’) by the 2nd respondent, is put in issue before this Court on the ground that the 2nd respondent has no jurisdiction to levy the said charge in the absence of a statutory provision and that too against the constitutional mandate relating to levy of tax on electricity by the State, which has led to assailing the said orders by filing the present writ petitions.