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ABHAY S. OKA, AUGUSTINE GEORGE MASIH
Jaipur Vidyut Vitaran Nigam Limited – Appellant
Versus
Rajasthan Textile Mills Association & Anr. Etc. – Respondent
JUDGMENT :
ABHAY S. OKA, J.
FACTUAL ASPECT
1. These are the statutory appeals under Section 125 of the Electricity Act, 2003 (for short, ‘the 2003 Act’) against a common judgment delivered by the Appellate Tribunal for Electricity (for short, ‘the APTEL’) in a group of appeals. The issue involved in these appeals relates to the determination of the Cross-Subsidy Surcharges (for short, ‘the CSS’) by the Rajasthan Electricity Regulatory Commission (for short, ‘the State Commission’). The determination was made under Section 42 (2) of the 2003 Act. The present appellants were the respondents before the APTEL. The respondents (appellants before the APTEL) are the industries/industrial units located in various parts of the State of Rajasthan, running their operations by availing their supply of electricity from connectivity through the State grid at EHT levels of 132/33/11 KV voltage. These industrial units were granted open access within the contract demand for drawing electricity through such open access, including from power exchanges. These industrial units (appellants before the APTEL) were aggrieved by the determination of the CSS made applicable from 1st December 2016 by the order p
The determination of Cross-Subsidy Surcharge (CSS) can be made separately from tariff determination, based on the prevailing tariff rates as per Regulation 90 of the Rajasthan Tariff Regulations, 201....
The court upheld that cross-subsidy surcharges are constitutional and integral to the Electricity Act's framework, ensuring fair distribution of electricity costs.
The Electricity Board's action to issue energy bills without subsidy was lawful under the Electricity Act after the State Government's withdrawal of additional subsidy, as the Tariff Order provided f....
Entity maintaining internal electricity network solely for own consumption fails to qualify as deemed distribution licensee and remains liable for surcharges as consumer availing open access.
Writ petitions challenging regulatory fixation of normative O&M charges as tariff component not maintainable due to statutory appeal to expert Appellate Tribunal under Electricity Act, absent jurisdi....
Captive consumers / captive users are not liable to pay additional surcharge under Section 42(4) of Electricity Act, 2003 – Consumers defined under Section 2(15) of Electricity Act, 2003 and captive ....
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