Anil Swarup quits MNRE’s Dispute Resolution Committee (DRC); P K Basu takes over

The DRC is to examine all cases referred to it, including the cases where the developer is not satisfied with the decision of SECI or NTPC and it decides to appeal after paying the required fee. The recommendations of the DRC, along with the MNRE’s observations, will be placed before the new and renewable energy minister for final decision.

December 12, 2019. By Ashish Wagh

The Dispute Resolution Committee of the Ministry of New and Renewable Energy (MNRE) has undergone a change with former Coal and School Education Secretary, Anil Swarup resigning from his post. Swarup has been replaced by P K Basu, retired Agriculture Secretary and Member, Central Administrative Tribunal, an official statement read.

This committee, which was set up in June this year, was tasked with resolving disputes between solar/wind power developers and NTPC/Solar Energy Corporation of India (SECI). According to officials in the know, the committee has not held a single meeting since being constituted. Till date, just one discussion has been called between the Ministry and members of the committee. The decision to set up the Committee was announced in June 2019.

The Minister of State (Independent Charge) for Power and New and Renewable Energy R K Singh had formed this Committee to resolve unforeseen disputes between renewable energy players and government agencies. This Committee comprised three former civil servants, MF Farooqui (former DOT Secretary/ Heavy Industry Secretary), A K Dubey (former Sports Secretary) and Swarup.This mechanism covered all projects that would be implemented through or by SECI and NTPC.

“It is felt that there is need to erect a transparent, unbiased dispute resolution mechanism, consisting of an independent, transparent and unbiased DRC), for resolving the unforeseen disputes that may arise in implementation of contractual agreements and also for dealing with issues which are beyond the scope of contractual agreements between solar power developers/ wind power developers and SECI / NTPC,” the statement added.

The DRC is to examine all cases referred to it, including the cases where the developer is not satisfied with the decision of SECI or NTPC and it decides to appeal after paying the required fee. The statement said that the recommendations of the DRC, along with the MNRE’s observations, will be placed before the new and renewable energy minister for final decision.

To arrive at any decision, the Committee will be free to interact with the relevant parties of the case and shall record their views. No lawyer shall be permitted to present the case before the DRC, the statement pointed out.

 

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