SUNVIK ROOF TOP SOLAR POWER PROJECT

Chronology of Events
Sl No Date Particulars

Govt of Karnataka published solar power policy 2014-21 for the

purpose of development of solar power project in karnataka.
Segment
2: Grid connected solar roof top projects and metering. To promote
grid connected solar roof top projects on public building,
domestic,commercial, and industrial Establishment through net
metering and gross metering methods based on tariff orders issued
1 22.05.2014 by KERC from time to time.
GOK
contemplates to amend building by laws in respect of FAR ( Floor
Area Ratio ) in coordination with BBMP/Localbodies and Urban
Development Dept to exempt FAR in respect of additional floor
Area created under solar PV panels with light roofing.

Energy Dept Circular No: 10.12.2015 inviting applications under

Solar policy 2014-21 to encourage customers of buildings having
power connection to adopt solar panels on roof top by way of net
metering from power distribution companies.

In case of the building under construction, if Roof Top Solar

units are adopted during building construction,itself then Roof Top
Solar panels could be fixed securely depending on the plan of the
building.
2 10.12.2015
Under such circumstances the customers of new building can
also make application for adopting Roof Top panels. However, PPA
will be made in accordance with the prevailing power tariff fixed by
KERC.

The duration of Agreement is restricted to 1 year and the

overriding condition is that the building construction should have
been completed and the customer would have availed Power
connection to the building . In the event this is not done, then the
power purchase will be as per subsequent tariff of KERC.

BESCOM issued a circular dated 23.12.2015 for encouraging to

effectively implement already existing simplified procedures
indicated in the previous circular of GOK( 10.12.2015)

Under solar policy 2014-21, to encourage production of solar

power, BESCOM has invited applications to adopt solar panels on
the roof top of the Buildings having power connection.

3 23.12.2015
 For Power produced in such cases the power purchase will be
based on the rates fixed by KERC.

3 23.12.2015
In respect of buildings where construction is in progress and
Roof Top Solar units are adopted and Solar panels are fixed securely
adhering to the buildings plan then the process will be easy. In such
cases the customers can make an application for production of solar
power and the Power Purchase Agreemnts are made as per tariff
fixed by KERC prevelent at that time.

PPA validity for one year only. Within 1 year the building
construction should have been completed & power connection
would be in place. Failing which the tariff as applicable by KERC at
the subsequent period will be considered.

4 20.02.2016 Application for SRTPV was made and applied on 20th Feb 2016.
Power Purchase Agreement for roof top Solar PV Plant with net
metering arrangement was entered into between Mrs. Anju
5 09.03.2016 Kejriwal and Executive Engineer(Ele), C.O & M Division, BESCOM
Madhugiri.

In response to our application for SRTPV, BESCOM has accorded

approval vide their letter dts: 22.03.2016 for installing Solar RTPV
6 22.03.2016 system of 495 KWP on Roof Top with certain conditions within one
year from date of the letter i.e 22.03.2016.

Under secretary to Govt,Energy department vide Notification

No:EN/70/VSC/2015 has withdrawn its own circular NO:EN/70/
7 22.03.2016 VSC/2015 dt-10-12-2015 regarding inviting applications for
installation of SRTPV.

Govt. order NO:EN/70/VSC/2015 dt-28/03/2016 revising certain

guidelines were issued as follows: All
solar roof top power installed buildings should compulsory have a
root height of 10 feet and all grid connected solar roof top projects
compulsory to be erected on the roof top of the buildings.
8 28.03.2016 Power
production of PPA holders should be limited to sanctioned
load.Through this G.O that Govt circular NO:EN/70/VSC/2015 dt-
10/12/2015 issued and later withdrawn in the Govt.Notification
NO:EN/70/VSC/2015 dt-22-3-2016 is hereby confirmed.Further this
order is subject to the orders/conditions of the KERC.

BESCOM circular No:BESCOM/GM/DGM/EE/BC-51/2015-16/CYS-90

dt-28/03/2016 addressed to all Executive Engineers,Bangalore
9 28.03.2016 Urban/ Bangalore Rural/Chitradurga zone,BESCOM reiterating the
conditions laid down by the Energy Dept in G.O.
NO:EN/70/VSC/2015,Bangalore,dt-28-03-2016
 Letter No:EN/70/VSC/2015 dt-17/08/2016 from the Additional
Chief Secretary, Energy department to the Managing Director of all
the ESCOMS on solar roof top PV power plants where in it is
clarified that the solar panels of the Solar Roof Tops PV plants must
be mandatorily mounted in the space available on the roof of any
10 8/17/2016 Residential,Commercial,Instituitional,Industrial and other buildings
which are constructed as per the building construction Acts/Norms.
Solar PV Plants with solar installed on the ground or ground
mounted by constructing structures using
steel/iron/wooden/concrete supports are not be constructed as
Solar Roof Top PV Plants.

Police Notice dt-18/08/2016 from the Police Inspector, Vigilance

BESCOM ,Tumkur Police station come to be issued to Mrs. Anju
11 8/18/2016 Kejriwal for violating certain conditions of SRTPV implementation
guidelines.Vigilance ,BESCOM had asked for a personal appearance
on 25/08/2016 to submit our reply.

Mrs. Kejriwal appeared before police & submitted her written

12 25.08.2016 submission.

Official Memorandum dt-7-9-2016 from the Executive

13 07.09.2016 Engineer(EL) ,Madhugiri to Smt.Anju Kejriwal terminating the PPA.

Aggrieved by the termination of PPA Mrs. Kejriwal preferred WP

No:62111/2016 before the Honourable High Court and the said WP
came to be disposed on 16/03/2017 with a time bound order to
consider the case of the petitoner in accordance with law as also
reserving liberty to the petitioner to avail remedies in accordance
with law.It was directed by the court to issue show cause notices if
14 3/16/2017 any, to be issued by the respondents shall be issued to the
petioners here in within a period of two weeks from the date of
receipt of a copy of the order.The petitioners on receipt of show
case notices shall file their respective replies within two weeks from
the date of receipt of such notices . The Respondents shall there
upon complete the process of consideration of the reply and orders
be passed in the regards within a period of three weeks there after.

After the disposal of the said written petition on 16/03/2017 the

4/18/2017 show cause notice came to be issued by the Executive
15 Engineer(EL) , BESCOM , Madhugiri against the petitioners beyond
the stipullated time.

Reply to BESCOM show cause notice was sent to the Executive

16 8.05.2017 Engineer(EL), BESCOM Madhugiri.
 BESCOM has passed a final order on 15/07/17 terminating the PPA
executed between Executive Engineer, BESCOM Madhugiri and the
applicant Smt Anju Kejriwal. This was done quoting anti date
17 15.07.2017 alleaging the petitioner that they have commenced the structure
on iron poles when the entire structure was completed.All these
happened after filing contempt petition bearing NO;CCC NO-
1235/2017 on 16/08/2017

RPAD cover was returned to the sender with a shara as insufficient

18 8/24/2017 address when actually the petitioner resided in the very same
address.

Aggrevied by the final order of BESCOM dt-15/07/2017 the

11/2/2017 petitioner approached the High Court of Karnataka by preferring a
19 WP NO;48519/2017 and an order was passed to Learned Govt
Advocate to accept the notice on 2/11/2017.

The Honourable High Court in written petition NO:48519 of 2017

has passed an order on 23/04/2019.Based on the submissions of
learned counsel for the petitioner that the construction work has
20 23.04.2019 already been completed in terms of the Agreement the final order
of the termination of PPA from BESCOM was quashed.The
petitioners were also granted liberty to approach KERC with regard
to the griverance raised in the petition.

I A filed in the Honourable High Court to amend the pleading and

21 23.04.2019 also for the petitioner praying to modify the order dt-23/04/2019

Modified order on I A NO:2/2019 was passed by the Honourable

High Court which are as follows,the impuned final order are here by
quashed and the Respondents are directed to permit the petitioner
to complete the construction work within a period of six months
from today i.e 12/06/2019 and thereafter to carry out the
22 12.06.2019 inspection and to examine whether the petitioner has compiled
with the conditions prescribed in PPA's and to proceed further with
the matter in accordance with law .The Petitioner is also granted
liberty to approach the KERC with regard to his grievance raised in
the petition if so advised.

Smt.Anju kejriwal wrote to Executive Engineering(EL)

BESCOM,Madhugiri enclosing a copy of the judgement order to
23 7/2/2019 honour the PPA's signed by BESCOM and grant permission to carry
out implementation of the project.

Executive Engineer(EL) BESCOM Madhugiri on 17/08/2019 writes to

24 8/17/2019 Smt.Anju Kejriwal that after seeking clarifications from higher ups
he would communicate.The matter stands thus.