JUDGMENT :

Nagarathna, J.

1. These Civil Appeals filed under Section 125 of the Electricity Act, 2003 arise out of common impugned Judgment dated 07.05.2008 passed by the Appellate Tribunal for Electricity, New Delhi (‘Appellate Tribunal’, for short). By the said judgment, the Appellate Tribunal has set aside the order of respondent No.1 dated 29.11.2005 and cancelled the distribution licence granted to the appellant in C.A. Nos.3607-3610 of 2008. Hence, these appeals.

2. Since the questions of law and facts which arise in both the above captioned Civil Appeals are similar, these appeals are being disposed of by this common judgment.

Re: Civil Appeal Nos. 3607-3610 of 2008:

3. The appellant-Jindal Steel and Power Ltd. (‘JSPL’, for short) in this civil appeal established a sponge iron/steel plant at Raigarh, Chhattisgarh in the year 1990. A captive power plant was also set up by JSPL at a distance of 40 km from the aforesaid steel plant.

4. Respondent No.1 is Chhattisgarh State Electricity Regulatory Commission (‘Commission’, for short), respondent No.2 is Chhattisgarh State Electricity Board (‘CSEB’, for short) later became ‘Chhattisgarh State Power Distribution Company’ and respondent No.3 is Chhattisgarh Vidyut Mandal Abhiyanta Sangh (‘CVMAS’, for short).

5. The newly created State of Chhattisgarh formulated its industrial policy for 2001-2006 which encouraged the establishment of industrial estates in private-public partnership as well as the installation of captive power plant.

6. A proposal for permission to set up an industrial estate in 500 acres of land, adjacent to the existing land at Raigarh, was submitted by JSPL vide letter dated 28.12.2001. The land was to comprise of villages of Kosampali, Dhanagar, Barmuda or at a site in the Tehsil of Gharghoda comprising villages Tarai Mal and Ujjalpur. JSPL, addressed a letter dated 09.04.2002 to the Department of Mineral Resources, Commerce and Industries, Government of Chhattisgarh seeking permission for establishing such an industrial estate at Raigarh. A map showing the proposed industrial area was annexed with the letter. The Government of Chhattisgarh, vide letter dated 26.04.2002 informed JSPL that the Energy Department was taking action to grant permission for sale of power and to lay transmission lines to various units in the private industrial estate being established by JSPL and requested JSPL to prepare and submit a draft of Memorandum of Understanding (‘MoU’, for short) for the said purpose for approval. The facilities were to be provided as per the new industrial policy dated 01.11.2001.

7. JSPL, on 16.07.2002, requested the Chief Minister of Chhattisgarh to issue appropriate directions for grant of permission to supply power to the units in the proposed industrial estate. The Government of Chhattisgarh, on 14.08.2002, sent a reply to the aforesaid request made by JSPL and informed that it shall have to take certain actions/steps with regard to the supply of power to the proposed industrial units. In compliance of the aforesaid letter on 04.09.2002, JSPL addressed a letter requesting for grant of permission under Section 28 of the Indian Electricity Act, 1910 (‘1910 Act’, for short) for sale of power to the proposed units in the industrial state from its captive power plant and for grant of permission to set up transmission and distribution lines/system for supply of power to the industrial units in the proposed industrial estate. JSPL further stated that they will obtain necessary permission under the Electricity Supply Act, 1948 (‘1948 Act’, for short) for setting up transmission and distribution lines from CSEB.

8. A MoU was signed on 23.10.2002 between Chhattisgarh State Industrial Development Corporation (‘CSIDC’, for short) acting on behalf of Government of Chhattisgarh and JSPL for setting up the industrial estate. The Government of Chhattisgarh, on 29.01.2003 granted permission for supply of power by JSPL to the new industrial units being set up in the private in