The Power Ministry has stated that the plea from Tamil Nadu for power surrendered by the National Capital Territory (NCT) of Delhi cannot be executed due to lack of margin in the transmission corridor and prior specific agreements with other States.
“For the surrendered power, there are three other applicants from the Northern Grid, viz., UP Power Corporation Ltd, Power Development Department, Jammu &Kashmir and Rajasthan Discoms Power Procurement Centre. They are entitled to priority over any applicant from any other grid,” the affidavit filed by the Under Secretary of the Power Ministry K D Yadav before the apex court on Wednesday said.
In December 2011, Karnataka made an application for power for the period June 1, 2012 to June 15, 2013. As there was no other applicant at the relevant time, access was granted on February 9, 2012 to the transmission corridor to Karnataka, the affidavit said.
If Tamil Nadu’s request was to be considered, it would require displacing part of the space on the transmission corridor already occupied and consequently curtailing power to Karnataka, it pointed out.
The National Thermal Power Corporation (NTPC) wrote letters not only to Tamil Nadu, but also to many other power utilities across the country intimating them about the power proposed to be surrendered by the NCT of Delhi. In response to this, requests for surrendered power were received from various power utilities, the affidavit said.
It also said that the instant suit filed by Tamil Nadu was not maintainable, as, to maintain a suit, a legal right of the plaintiff must have been infringed, the Under Secretary added.The matter has been posted for further hearing on Wednesday.