- (1.) Since on same set of facts, similar relief has been sought, both the writ petitions have been heard together and decided by this common order.
(2.) By these two writ petitions, challenge is made to the Letters of of Intent (for short 'LOI') issued by respondent No.2 - Rajasthan Rajya Vidyut Prasaran Nigam Limited (for short 'RRVPNL') in favour of respondents PTC India Limited for DB Power (Chhattisgarh) Limited, Maruti Clean Coal & Power Limted and Lanco Power Limited Baband. A direction is also sought on the respondent No.2-RRVPNL, the State of Rajasthan and the Rajasthan Electricity Regulatory Commission (RERC) to strictly comply with the provisions of the Electricity Act, 2003 (for short 'the Act of 2003'), Request for Proposal (for short 'RFP') and the Guidelines for Determination of Tariff by Bidding Process for Procurement of Power by Distribution Licensees, 2005 (for short 'Guidelines of 2005') and, accordingly, award contract to the petitioners in accordance with the Request for Proposal for the quantum of power offered by them.
(3.) Brief facts of the cases - The respondent No.2-RRVPNL issued RFP for procurement of power for long term by transparent bidding procedure. The determination of tariff based on competitive process is to be as per the Bidding Guidelines of 2005 issued by the Government of India for bidding process. The respondent No.2-RRVPNL was made 'authorised representative' on behalf of the Jaipur Vidyut Vitran Nigam Limited (JVVNL), Ajmer Vidyut Vitran Nigam Limited (AVVNL) and Jodhpur Vidyut Vitran Nigam Limited (JDVVNL), called as procurers. It was for procurement of 1000 ( + 10%) MW of power at the delivery point for a period of 25 years from the scheduled delivery date. The bidders were called to submit their non-financial as well as financial bids simultaneously in a single stage bidding process. The bid process contains two-stage process featuring separate Request for Qualification (RFQ) and Request for Proposal (RFP) though procurer was given option to adopt single stage tender process for medium term procurement combining RFQ and RFP process.;