The Gujarat Electricity Regulatory Commission (GERC) has partially allowed a petition filed by GSP Intermediates Private Limited, granting the company relief for delays in completing the power evacuation infrastructure of its captive solar power project in Gujarat. The Commission issued its order on September 3, 2026, recognizing delays caused by land access and Right of Way (RoW) disputes but rejecting the developer’s claim that heavy monsoon rainfall should be treated as a force majeure event.
The case relates to a 3.25 MW AC and 4 MW DC captive solar power project located at Village Othvad in Mahisagar district. The project is connected through a shared 66 kV evacuation line and feeder bay to the 66 kV Bhutiya Substation operated by Gujarat Energy Transmission Corporation Limited (GETCO).
Under the applicable regulatory framework, the developer was required to complete the evacuation infrastructure within the prescribed timeline. Following a statewide policy revision, the deadline was extended to June 30, 2026. However, delays raised the possibility of cancellation of the project’s grid connectivity and encashment of the developer’s bank guarantee of ₹32.5 lakh.
GSP Intermediates approached GERC seeking additional time, stating that construction had been affected by opposition from local farmers over land access and RoW. According to the developer, the disputes resulted in site blockades and legal proceedings under the Bombay Land Revenue Code. The company also stated that it had to seek police protection to continue project-related activities.
The developer further claimed that heavy rainfall between July and September 2025 disrupted construction and contributed to the delay. GETCO opposed the petition, arguing that land procurement and local disputes were commercial risks that remained the developer’s responsibility. It also stated that seasonal monsoon rainfall in Gujarat was foreseeable and therefore could not automatically qualify as an extraordinary force majeure event.
GETCO additionally pointed out that certain technical and administrative requirements, including Chief Electrical Inspector charging permission and data integration, were completed only in July 2026. As a result, the evacuation infrastructure was physically and technically ready on July 18, 2026, which was 18 days after the June 30 deadline.
After examining the submissions and supporting documents, GERC determined that the land access and RoW disputes were beyond the reasonable control of the developer. The Commission noted that the disputes were supported by police complaints and revenue litigation and therefore qualified as a genuine force majeure event.
GERC recognized 42 days of delay, covering the period from October 5, 2025, to November 15, 2025, as attributable to the RoW-related issues. However, the Commission rejected the rainfall-related delay claim because the developer did not provide sufficient independent and verifiable documentary evidence demonstrating that the rainfall was extraordinary.
Since the project’s evacuation infrastructure became ready 18 days after the prescribed deadline, the 42-day force majeure relief was considered sufficient to cover the delay. GERC directed GSP Intermediates to complete the remaining procedural formalities within 30 days and instructed GETCO to process the project for final grid charging and physical connectivity.
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