The Gujarat Electricity Regulatory Commission (GERC) has granted additional time in a dispute between Anisha Power Projects Pvt. Limited (APPPL) and Gujarat Urja Vikas Nigam Limited (GUVNL) concerning a 40 MW wind power project proposed at Kalavad in Jamnagar, Gujarat.
The dispute relates to a 2019 bidding process in which APPPL was selected for the project. Following the issuance of a Letter of Intent in July 2019, APPPL and GUVNL entered into a Power Purchase Agreement (PPA) in August 2019. The project was subsequently affected by delays related to financial closure and achieving the Scheduled Commercial Operation Date (SCOD).
APPPL has filed petitions before the Commission citing Force Majeure circumstances that, according to the developer, affected its ability to achieve financial closure and commission the project within the agreed timeline. GUVNL, meanwhile, has sought compensation in the form of liquidated damages over the delay.
During the latest hybrid hearing, APPPL’s counsel informed the Commission about a new development concerning the project’s proposed land. According to APPPL, communication received on September 29, 2026, through the Ministry of Defence and Ministry of New and Renewable Energy (MNRE) portal indicated that the designated project land falls within a restricted “No WTG” zone.
APPPL argued that the restriction could have a significant impact on the feasibility of developing the wind project. The company therefore requested three weeks to file an Interlocutory Application (IA) along with the newly received documents. It also sought continuation of the status quo that had been established by the Commission in February 2026.
GUVNL opposed APPPL’s request for further delay. The utility pointed out that the project’s original scheduled operation target was in 2021. While extensions had previously been provided in view of the COVID-19 pandemic, the revised deadline expired in October 2021 without commissioning of the project.
GUVNL further stated that it had already issued a default notice and sought termination damages. According to GUVNL, formal termination of the agreement had remained pending because of the existing status quo order. The utility argued that developments occurring several years after the original project schedule should not result in the PPA continuing indefinitely.
At the same time, GUVNL sought additional time to correct a clerical error in its rejoinder documents.
After considering the submissions, the GERC bench comprising Chairman Pankaj Joshi and Members Hiren Shah and Jatin N. Thakkar granted time to both parties in the interest of justice.
The Commission directed APPPL to file its IA by October 22, 2026. GUVNL will have two weeks to submit its response, followed by one week for APPPL to file its rejoinder. GUVNL has separately been permitted to submit its corrected rejoinder documents by October 15, 2026. The Commission adjourned the proceedings, with the next hearing date to be announced separately.
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