Petition of M/s. Musaddilal Properties Pvt. Ltd. seeking clarification in terms of utilisation of rooftop areas for building utility-scale Solar PV based Power Projects – EQ

Summary:

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### **1. Background & Petition**
– **Petitioner:** M/s. Musaddilal Properties Pvt. Ltd. (MPPL)
– **Petition Date:** 28 November 2025
– **Legal Basis:** Section 86(1)(e) & (k) of the Electricity Act, 2003, read with MERC (Transaction of Business and Fees and Charges) Regulations, 2022.
– **Key Request:** Clarification on whether **multiple rooftop areas** within the same compound can be treated as **”land”** for regulatory and procedural purposes when developing **utility-scale solar PV projects** for third-party sale via open access.

### **2. MPPL’s Proposal**
– MPPL owns a logistics park/warehouse facility in Pune with substantial rooftop space.
– It intends to lease/allow right-of-use of its rooftops to a developer (**M/s. Tech Solar Solutions Pvt. Ltd.**) for setting up a **grid-connected, utility-scale solar PV project**.
– The project would be **independent of MPPL’s internal load** and designed for third-party sale under open access.

### **3. Regulatory Gap Identified**
– Current Maharashtra regulations do not explicitly address utility-scale solar projects on **multiple rooftops**.
– Applications for grid connectivity, renewable energy registration, and open access require disclosure of **”land in possession”**.
– Without clarity, rooftop-based projects face **procedural uncertainty** and potential delays.

### **4. MPPL’s Arguments**
– **Statutory Mandate:** The Electricity Act, 2003, promotes renewable energy generation without restricting the **platform or medium**.
– **Legal Interpretation:** Various laws (Registration Act, General Clauses Act, Land Acquisition Act) define **”immovable property”** to include land and things attached to the earth, such as buildings and rooftops.
– **Judicial Precedents:** Supreme Court rulings support a **broad, purposive interpretation** of “land” to include structures and benefits arising from land.
– **Policy Alignment:** Clarification would support Maharashtra’s **Renewable Energy Policy** (target: 10,000 MW solar by 2025) and promote sustainable land use.

### **5. Commission’s Analysis & Ruling**
– **Observations:**
– The existing regulatory framework assumes utility-scale solar projects are associated only with conventional “land.”
– This creates hurdles for rooftop-based projects in securing connectivity and approvals.
– **Legal Reasoning:**
– Section 86(1)(e) of the Electricity Act mandates **promotion of renewable energy** in a facilitative manner.
– The **Maharashtra Land Revenue Code, 1966** defines “land” to include **things attached to the earth**, which encompasses rooftops.
– A restrictive interpretation would **stifle innovation** and hinder renewable energy goals.
– **Clarification Issued (Para 11):**
> **”For utility-scale solar PV power projects proposed to be developed on rooftop or multiple rooftops within the same compound, pursuant to valid Lease / Right-of-Use / No-Objection arrangements, such rooftop areas shall be treated as satisfying references to ‘land’ wherever such disclosures are required under applicable regulatory and procedural frameworks.”**
– **Scope:** Applies to applications for grid connectivity, registration with MEDA, and open access under MERC regulations.
– **Condition:** This clarification does **not exempt** projects from technical, safety, grid code, or other regulatory obligations.

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