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Deal: Trilegal successfully represented RE Developers in MSEDCL’s wind zone reclassification proceedings in Maharashtra

15 Jan 2025

Trilegal successfully represented RE Developers in MSEDCL’s wind zone reclassification proceedings in Maharashtra

Trilegal successfully represented Apraava Renewable, Green Infra and Panama entities in proceedings initiated by Maharashtra State Electricity Distribution Co. Ltd. (‘MSEDCL’) before Maharashtra Electricity Regulatory Commission (‘MERC’) for retrospective reclassification of wind potential zones for existing wind projects in Maharashtra. The reclassification of wind zones would have resulted in reduction of tariff / price for supply of power from the wind projects to MSEDCL for the entire duration of the power purchase agreements (25 years). We argued that the petition filed by MSEDCL is barred by res judicata and would result in re-determination of tariff and retrospective amendment of the power purchase agreements and applicable tariff regulations, which is impermissible. In line with our submissions, MERC dismissed MSEDCL’s petition on maintainability and further held that post expiry of the regulations, operational norms specified thereunder cannot be amended.

The matter was argued by Mr. Vishrov Mukerjee on behalf of our clients.

This Order has a sector wide impact, especially on existing wind projects located in Maharashtra. The Order further underscores the sanctity of the power purchase agreements and the need to promote generation of renewable power in the country and for the stakeholders to not create regulatory hurdles in continued operation of RE projects set up with massive investment.

The Trilegal Dispute Resolution team was led by our Partners, Vishrov Mukerjee and Janmali Manikala, and comprised Girik Bhalla, Counsel; and Damodar Solanki, Senior Associate.

Media Link:

  1. https://www.saurenergy.com/solar-energy-news/merc-declines-to-re-determine-wind-tariff-on-actual-cuf
  2. https://windinsider.com/2025/01/07/merc-deliberates-on-wind-zone-reclassification-petition-amid-developer-disputes/

About Trilegal

Trilegal is one of India’s leading law firms, with expertise across the full spectrum of corporate legal services. Trilegal has offices in four key cities of India.

Trilegal has been recognised as M&A Firm of the Year by IFLR Asia-Pacific 2024Best Overall Law Firms by India Business Law Journal (IBLJ) 2024Innovative Lawyers Asia-Pacific by Financial Times (FT) 2024Law Firm of the Year by Deal Volume by VCCircle Awards 2024; India Deal Firm of the Year by Asian Legal Business (ALB) India Law Awards 2023; Best Law Firms to Work by Vahura 2022Firm of the year for Client Service Excellence by Asia Law Awards 2021.

For more information, please get in touch with Anoop Siddak Singh Tuli | Mob: +91-9535377422 | BD@trilegal.com

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