Policy weekly

India Wind Policy Weekly: 11 September 2026

CERC holds the 2021 GST rise a Change in Law for two SECI hybrid projects in Jaisalmer and fixes compensation by 15-year annuity, with key payment directions stayed by the Supreme Court.

Anirudh Sharma·September 11, 2026·2 min read

Covering 5 to 11 September 2026. A quiet week with one CERC ruling on Change in Law compensation for hybrid projects. Every item is checked against the issuing authority's own document.

1. CERC holds the 2021 GST rise a Change in Law for Adani's 390 MW Jaisalmer hybrid projects

CERC · 10 September 2026 (Petitions 345/MP/2022 and 6/MP/2024)

Adani Hybrid Energy Jaisalmer One Limited runs two 195 MW wind-solar hybrid projects, 390 MW in total, at Madhopura in Jaisalmer, Rajasthan, under power purchase agreements dated 28 November 2019 with SECI at Rs 2.69/kWh from SECI's Tranche-I hybrid bid. Power is sold on to Haryana Power Purchase Centre. The generator claimed Rs 186,33,87,952 for four Change in Law events: the 2020 safeguard duty on solar cells, the 2021 rise in basic customs duty on inverters to 20%, the 2021 GST increase to 12%, and the Supreme Court's bird diverter and undergrounding directions of 19 April 2021. The buyer separately claimed Rs 47,59,05,435 for the reduction in the safeguard duty.

CERC held the 2021 GST notification is a Change in Law event and the generator may recover the additional cost. The 2020 safeguard duty notification is also a Change in Law, but the generator incurred reduced expenditure and gets no compensation; the buyer may recover the difference of 0.5%. The 2021 customs duty notifications and the 2021 Supreme Court order are recorded as Change in Law events. Compensation carries a discount rate of 9.12% over a 15-year annuity, with claims to be reconciled against project-wise invoices and an auditor's certificate. The directions on compensation for the period after the commercial operation date, and on carrying cost, are not enforced and remain subject to the Supreme Court in Civil Appeal No. 8880/2022. Member Harish Dudani disagreed on the safeguard duty finding.

Why it matters for wind: Tax and duty changes on hybrid projects contracted through SECI can be recovered as Change in Law, and the order shows how CERC converts a claim into payments. With the post-commissioning and carrying cost directions stayed, the amount and timing of cash actually received remain open.

Source: CERC order in 345/MP/2022 and 6/MP/2024

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