Karnataka High Court
Administrative and Public LawProperty and Real Estate Law

Karnataka renewable-energy policy ruling applied to three developers; fee-refund requests must be decided within two weeks

M/S PURVAH CLEANTECH POWER PRIVATE LIMITED vs STATE OF KARNATAKA

Karnataka High CourtJUDGMENT: September 30, 20262 MIN READSOURCE JUDGMENT
Karnataka renewable-energy policy ruling applied to three developers; fee-refund requests must be decided within two weeks. M/S PURVAH CLEANTECH POWER PRIVATE LIMITED vs STATE OF KARNATAKA. Karnataka High Court. LawLens
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The petitioners, renewable-energy project developers, challenged Clauses 6.1(b), 6.1(c), 6.2 and 7.2 of the Karnataka Renewable Energy Policy 2022–27, including its amendment dated 27 February 2023.

Source reference: pp. 6–9

They sought, among other reliefs, to quash the clauses insofar as applicable to their projects and to obtain refunds of application and processing fees paid under Clause 7.2(b).

Source reference: pp. 6–9

At the hearing, counsel jointly submitted that the Karnataka High Court’s decision in M/s JSP Green Wind 1 Private Ltd. v. State of Karnataka and Another, dated 28 August 2026, governed the petitions.

Source reference: p. 9
02

Issues

1. Whether the challenges to the Policy clauses were governed by the decision in M/s JSP Green Wind 1 Private Ltd.

Source reference: p. 9

2. Whether the petitioners’ requests for refund of application and processing fees should be decided by Respondent No. 2, and within what time.

Source reference: pp. 10–11
03

Law Applied

The Court applied the coordinate Bench’s ruling in M/s JSP Green Wind 1 Private Ltd. v. State of Karnataka and Another (order dated 28 August 2026), which held that the requirement of a Government order to begin execution of work under Clause 6.1 was sustainable; the land-use restriction in Clause 6.2 was arbitrary where the developer had itself acquired or leased the land, but remained applicable where the Government acquired and handed over the land; and the fee or charges under Clause 7.2 were to be read down in light of the observations in that order.

Source reference: pp. 9–10

The petitions also invoked Articles 226 and 227 of the Constitution and the Electricity Act, 2003, but the Court disposed of the challenges by applying the coordinate Bench’s ruling rather than separately determining those grounds.

Source reference: pp. 2–5, 9–10
04

Reasoning

The Court noted that the parties agreed the coordinate Bench’s decision applied and concluded that the reliefs sought were covered by it.

Source reference: p. 9

It therefore disposed of the petitions on the same terms, incorporating the precedent’s treatment of the Policy clauses.

Source reference: p. 10

As to the fees, the Court directed Respondent No. 2 to consider the petitioners’ refund requests and communicate its decision; it did not itself order a refund.

Source reference: p. 10
05

Holding

The writ petitions were disposed of in the terms set out in M/s JSP Green Wind 1 Private Ltd.

Respondent No. 2 was directed to consider the petitioners’ refund requests and intimate its decision as expeditiously as possible, and in any event within two weeks of receiving a copy of the order.

Source reference: p. 10

Pending applications, if any, were also disposed of.

Source reference: p. 11
Karnataka High Court

Original Court PDF

M/S PURVAH CLEANTECH POWER PRIVATE LIMITEDvsSTATE OF KARNATAKA

Karnataka High Court · September 30, 2026

Click to open original judgment

Original judgment, available to read, download and summarize on LawLens.in

Click to open original judgment