- (1.) THE application is made for review of order dated 21.3.2007 in Petition No. 138/2006, whereby the Commission approved the final transmission charges from 1.8.2005 to 31.3.2009 in respect of 400 kV D/C Dhauliganga-Bareilly (UPPCL) with bays at Bareilly (UPPCL) (hereinafter referred to as "the transmission line"). THE application is already admitted.
(2.) We heard the representatives of the parties present at hearing. The petitioner had made an application (Petition No. 160/2006) for approval of provisional transmission tariff for the transmission line from 1.8.2005, the date of commercial operation. In the said application, the petitioner had sought approval for recovery of annual lease rent as actually paid to Forest Department, Government of Uttaranchal (now Uttarakhand) for 29 years, presently fixed at Rs. 2.31 crore/year. The Commission in its order dated 7.4.2006 in Petition No. 160/2005, had, inter alia, observed as under:
(3.) THE petitioner has also submitted that Govt. of Uttranchal vide letter dated 21.5.2004 approved transfer of 364.154 hectare of land on lease for a period of 30 years in Pithorgarh, Champavat and Udhamnagar district. Subsequently, Government of Uttranchal vide letter dated 11.10.2004 approved transfer of 102.49 hectare of land on 30 years' lease in the area falling under Askot Wild Life Sanctuary, Pithorgarh district. As per the letter dated 21.5.2004, 10% of market value of land is required to be paid by the petitioner as lease rent per annum. THE petitioner company has deposited Rs. 2.31 crores on lease rent for one year as per the present rent and is liable to pay the annual lease rent as per actuals applicable from time to time. THE petitioner has sought permission of the Commission to recover the lease rent from the respondents. THEse aspects will be considered by the Commission at the time of approval of final tariff. 4. Subsequently, the petitioner made an application for approval of final tariff for the transmission line, taken on Commission's file as Petition No. 138/2006. In this application also, the petitioner sought approval for recovery of annual lease rent from the respondents. THE final transmission tariff in respect of transmission line was approved by the Commission by its order dated 21.3.2007. However, the said order dated 21.3.2007 is silent as regards the recovery of the lease rent. Against the above noted facts, the petitioner has sought review of the said order dated 21.3.2007, again praying for approval of recovery of annual lease rent of Rs. 2.31 crore/year or as may be fixed by the Forest Department, Government of Uttaranchal from time to time, directly from the respondents on the basis of production of documentary evidence for payment of lease rent to the State Government.;