Back
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
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....
Regulations mandating captive power plants to purchase renewable energy are lawful under the Electricity Act, promoting environmental sustainability without violating constitutional rights.
Point of Law : Section 61 of Electricity Act, 2003 deals with tariff regulations and it empowers Regulatory Commission to specify terms and conditions for determination of tariff.
Power purchase agreements must be aligned with regulatory frameworks and cannot be enforced if unapproved, particularly regarding classifications impacting fixed charges.
The jurisdiction of CERC is limited to matters covered by clauses (a) to (k) of Sub-Section 1 of Section 79 of the Electricity Act, 2003.
The CERC has jurisdiction to adjudicate upon disputes involving generating companies or transmission licensees in regard to matters connected with clauses (a) to (d) of Section 79(1). Clause (b) obvi....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
