Madras HC Gives Solar Developers In Batch 180 Extra Days To Commission Projects Without Extra Commitment Charges

The lead petitioner challenged a notice dated 23 May 2026 and sought permission to commission a 150 MVA transformer at its Vagaikulam pooling substation to evacuate 25 MW of solar power, together with processing of related open-access applications

When the batch came for hearing, counsel for both sides submitted that the petitions arose in circumstances similar to those addressed in W.P. No. 21524 of 2026 (Batch), decided on 19 August 2026, and requested the same directions

The Court recorded that the relevant facts were identical to those in that earlier batch

1. Whether the directions issued in W.P. No. 21524 of 2026 (Batch) should also govern these petitions, given the parties’ submission that the circumstances were identical

2. Whether the Court should determine the merits of the challenge to the notice dated 23 May 2026, or dispose of the petitions by applying the directions in the earlier batch

The Court followed its order in W.P. No. 21524 of 2026 (Batch), which provided that the communication keeping the NFR (Noted for Record) in abeyance was no longer in force; authorities were to process pending requests and certificates, and projects could proceed towards commissioning, with projects obtaining CEIG certificates to be commissioned expeditiously

That order also extended each petitioner’s final commissioning deadline by 180 days, without additional commitment charges for the extended period

Although the lead petitioner’s prayer invoked Section 10(1) of the Electricity Act, 2003, the Court did not analyse or decide that provision

The Court relied on the parties’ joint submission that the present petitions involved facts identical to those in the earlier batch.

It therefore considered it sufficient to apply the directions already made there, rather than separately examining the merits of each petition or the challenge to the notice.

The incorporated directions addressed the NFR communication, the processing of pending requests and certificates, project commissioning, and an extension of the commissioning deadline without additional commitment charges.

Accordingly, the authorities were to proceed with pending requests and certificates and permit the projects to progress towards commissioning; each petitioner received an additional 180 days beyond its original final commissioning deadline, without additional commitment charges for that period.

No costs were ordered, and the connected miscellaneous petitions were closed.