Mihan units move HC against MERC's failure to grant hearing

NAGPUR: Peeved over Maharashtra Electricity Regulatory Commission's (MERC) failure to grant them a hearing, the Mihan Industries Association, already battling power woes, has moved the Nagpur bench of Bombay High Court. Justices Vasanti Naik and Pukhraj Bora, on Monday, issued show cause notices to MERC chairperson Chandra Iyengar and Maharashtra's energy and power secretary, asking them to file a reply within four weeks.
Tushar Mandlekar was counsel for petitioner Manohar Bhojwani. According to Mandlekar, the petitioner had earlier moved the high court against MERC after Abhijeet Power Limited had abruptly stopped power supply. Maharashtra Airport Development Company (MADC) and Maharashtra State Electricity Distribution Company Limited (MSEDCL) were also made respondents in that case.
The court had then issued directives to MERC on May 15 to grant a hearing to the petitioners and decide on their grievance. The petitioner then filed a plea before MERC for directives under Sections 23, 24, 42, 43, 86, 128, 129, 142, 145, 146 of Electricity Act (EA), 2003, and seeking suspension of MADC's licence. Even after four months, MERC failed to conduct a single hearing that forced them to knock the judiciary's doors again.
Mandlekar contended that they were required to get "uninterrupted power supply" from MADC being the "developer of Special Economic Zone (SEZ) and distribution licensee" as per Sections 42, 43 of EA Act, and Sections 5-A, 5-C of Special Economic Zone Act, 2006, read with "concessional agreement" of November 7, 2011, and MERC order in case no 62/2014.
He pointed out that MADC signed a "concession agreement" with Abhijeet Mihan Nagpur Energy Pvt Ltd (AMNEPL) on November 7, 2011, by which both parties were bound to give power supply at Rs 2.97 per unit to the consumers in MIHAN-SEZ, but petitioners were deprived of their right.