Rajasthan HC dismisses PIL against land allotment to solar companies

Rajasthan High Court has dismissed a PIL protesting land allotment to solar companies in Fatehgarh area and imposed a penalty of Rs 50,000 on the petitioners.

A division bench comprising Justice Vinod Bharvani and Justice Sandeep Mehta issued an order on March 31 and dismissed the PIL and directed the petitioners to deposit the penalty amount within 30 days to Rajasthan State Legal Services Authority.

M/s SBE Renewable Dus Project Pvt. Ltd (Adani Group) was allotted government land for setting up a 420MW solar plant by the government in Rivdi village in Fatehgarh sub-division of Jaisalmer.

SBE Renewables Ten Pvt Ltd has planned to develop 450 MW Wind-Solar Hybrid Park in Jaisalmer & Barmer district of Rajasthan. The power generated from the proposed Solar-Hybrid project will be purchased by Solar Energy Corporation of India (SECI) awarded to the project company through Competitive bidding process on ‘Build, Own, Operate’ basis.

For power evacuation of the proposed project, SBE Renewables Ten Pvt Ltd has proposed to develop 220 kV Single, Double & Multi Circuit Transmission Line which will connect SBE Renewables PSS in village Rivari, Fategarh Taluka, Jaisalmer District to Fatehgarh-II PSS in Village Savantha Fategarh Taluka, Jaisalmer District of Power Grid Corporation India Limited (referred as PGCIL).

Challenging this allotment order, Jal Grahan Vikas Sansthan Rivdi, one Kshetrapal Paliwal and others people filed a PIL in 2021 and requested to cancel this allotment. In the petition, it was told that the land is a catchment area and it includes ponds and drains. This is dangerous to the environment therefore it should be cancelled.

After the hearing, the division said the petitioners without any reason filed the petition, which is not only against the energy policy but also against the benefit of renewable energy.

The advocate of the companies argued that the guidelines and the new Act issued by the central government in 2007 to make renewable energy better and the same had been adopted by the Rajasthan government and on February 22, 2017 issued an amended notification for setting off power plant based on renewable energy.

Under this in Fatehgarh area, solar companies are allotted barren and non-fertile lands.