JUDGMENT : M.N. Bhandari, J. With the consent of the parties, writ petitions was heard finally. 2. A policy for Promotion of Electricity from Non-Conventional Energy Sources, 2004 was brought by the respondents. The petitioners applied for establishment of a solar power plant with the capacity of 100 MW. The petitioners got registration on payment of Rs. 25,000/- per MW apart from taxes. It was after the modification in the policy on 19.01.2007. 3. They deposited Rs. 25 lakh towards registration charges and Rs. 2,50,000/- towards taxes etc. After registration, the Jawahar Lal Nehru National Solar Mission came and, according to it, the establishment of a solar power plant of 100 MW was not permissible. The State of Rajasthan was allocated only 20 MW therein. Accordingly, each applicant registered with the respondents was permitted to install solar power plant with a capacity of only 1 mega watt. The aforesaid was not viable for the petitioners thus they prayed for refund of the amount of registration taken for 100 MW. It has been denied by the impugned order dated 06.03.2014. It is in terms of Clause 13.2 of the policy. 4. Learned counsel for the petitioners submits that either they may be permitted to install solar power plant with the capacity for which registration charges has been taken or to refund the amount for the capacity not permissible after the Jawahar Lal Nehru National Solar Mission. The registration charges cannot be taken for the sake of it. 5. Learned counsel for the respondents submits that at the time when the petitioners applied for the registration, they were entitled to establish solar power plant of 100 MW. There was a change in the policy. The establishment of solar power plant could not have been contrary to it. The policy was changed from time to time and now a tender has been flouted on 21st June, 2017 for installment of five plants with a capacity of 100 MW. The petitioners can very well participate therein. Hence, prayer made by the petitioners for refund of the amount may not be accepted. It is moreso when not permissible as per Clause 13.2 of the policy. 6. I have considered rival submissions of the parties and perused the record. 7. The respondents flouted a policy for generation of Electricity through Non-Conventional Engergy Sources. Hence, prayer made by the petitioners for refund of the amount may not be accepted. It is moreso when not permissible as per Clause 13.2 of the policy. 6. I have considered rival submissions of the parties and perused the record. 7. The respondents flouted a policy for generation of Electricity through Non-Conventional Engergy Sources. As per the policy of the year 2004, the applicant was required to pay a sum of Rs. 50,000/- per MW towards registration. A modification in the policy was made in January, 2007 where amount of Rs. 50,000/- was reduced to Rs. 25,000/-. The petitioners got registration subsequent to the change in the policy and paid the amount to establish a solar power plant of 100 MW. A policy namely the Jawahar Lal Nehru National Solar Mission came there after and establishment of power plant with the capacity of 100 MW, no more remain permissible rather the State of Rajasthan was allocated only 20 MW under Jawahar Lal Nehru Solar Mission. The petitioners were permitted to establish solar power plant of 1 MW which according to them, is not viable. 8. In the background aforesaid, whether the decision of the respondents to deny the refund of registration charges is proper or not. It is no doubt true that clause 13.2 of the policy makes amount to be non-refundable and the Clause aforesaid is quoted hereunder for ready reference:- "13.2 Along with his application, the Power Producer shall deposit an amount of Rs. 50,000/- per MW with RREC towards processing fee, which shall be non-refundable. Provided that in such cases where the applicants had already submitted an application for a project under Wind Policy 2003, along with processing fees, and had re-apply for the same project under the new NCES Policy 2004, the processing fees paid earlier for the same project may be adjusted in the total processing fees due under the NCES Policy 2004. Provided further that for projects registered from April 1, 2007 onwards the processing fee chargeable shall be Rs. 25,000/- per MW." 9. It is not that the petitioners withdrawn himself to establish solar power plant of 100 MW but it is with a change of policy that they are not permitted to install the plant of 100 MW. 10. The charges for registration on per MW basis cannot be sake of it. 25,000/- per MW." 9. It is not that the petitioners withdrawn himself to establish solar power plant of 100 MW but it is with a change of policy that they are not permitted to install the plant of 100 MW. 10. The charges for registration on per MW basis cannot be sake of it. It was charged to allow establishment of solar power plant of 100 MW. If the respondents have changed the policy and now the solar power plant of 100 MW cannot be installed then the respondents are under an obligation to refund the amount charged in excess. They denied to refund of the amount despite their own restrain pursuant to the new policy. It cannot be said to be proper. The impugned order is accordingly set aside with a direction to the respondents to refund the amount charged in excess to 1 MW. The refund can be denied now also if the petitioners are allowed to install 100 MW solar power plant and this can be decided within a period of two months from today otherwise the amount would be refunded within four months from the date of this order. 11. The writ petitions are disposed of with the aforesaid. 12. A copy of this order be placed in each connected file.