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PAMIDIGHANTAM SRI NARASIMHA, JOYMALYA BAGCHI
State Of Himachal Pradesh – Appellant
Versus
JSW Hydro Energy Limited – Respondent
JUDGMENT :
PAMIDIGHANTAM SRI NARASIMHA, J.
| Table of Contents |
| I. Introduction |
| II. Facts |
| III. Impugned Order |
| IV. Submissions |
| V. Issue |
| VI. Analysis |
| VII. Regulation of Electricity Generation Under the ELECTRICITY ACT |
| VIII. Legal Effect of Note 3 of Regulation 55 |
| i) Interpretation of the CERC Regulations, 2019 |
| ii) CERC’s Order dated 17.03.2022 |
| IX. Maintainability of the Writ Petition: |
| i) CERC as an Expert and Specialised Regulator, and Extent of Judicial Interference |
| ii) Grant of Relief by the High Court |
| X. Conclusion |
I. Introduction:
1. Respondent no. 1, a generating company, installed and commissioned a 1045MW hydroelectric power project pursuant to a grant followed by an Implementation Agreement with the appellant-State of Himachal Pradesh. Under this Agreement, respondent no. 1 undertook to supply as consideration 18% of net generation free of cost1[The obligation to supply free power is 12% of net generation from 12.09.2011 to 12.09.2023, and 18% thereafter till 12.09.2051.] to the appellant-State. At the commencement of the obligation to supply 18% free power, responde
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....
Writ petitions under Article 226 against electricity regulatory commission orders fixing O&M charges not maintainable due to efficacious statutory appeal remedy under Section 111 of Electricity Act, ....
Tariff determination for hydro projects with enhanced capacity, binding nature of prior PPAs on successors, and writ jurisdiction limited; exclusive domain of regulatory commission, not courts, to fi....
The High Court declined to exercise jurisdiction over a writ petition due to the availability of an alternate statutory remedy under the Electricity Act, affirming that tariff regulation issues fall ....
The main legal point established in the judgment is that the interpretation and enforcement of Regulation 17 of the CERC Tariff Regulations fall within the adjudicatory powers of the Central Electric....
The interpretation of tariff regulations concerning power supply and agreements lies exclusively with the regulatory commission, and disputes must be adjudicated by it rather than the High Court.
The CERC possesses both regulatory and adjudicatory powers under the Electricity Act, allowing it to impose compensation for delays while retaining the framework under which such determinations are m....
The Central Government lacks the legislative competence to frame rules regarding open access in electricity, which is exclusively regulated by the State Commission under the Electricity Act.
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