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N. S. SANJAY GOWDA
BRINDAVAN HYDROPOWER PRIVATE LIMITED – Appellant
Versus
UNION OF INDIA, NEW DELHI – Respondent
ORDER :
Table of Contents
| Table of Contents | |
| (I) | Brief facts |
| (II) | Chronology of events relating to open access in respect of mini hydel plants |
| (III) | Submissions of the petitioners |
| (IV) | Submissions of the respondents |
| (V) | Questions which arise for consideration in the subject petitions |
| (VI) | Basic principles to determine the validity of a delegated/subordinate legislation |
| (VII) | History of electricity laws and the role of the state as prescribed thereunder |
| (VIII) | Banking of electricity - provision of banking facility and the grievance raised by the present petitioners |
| (IX) | Conclusion |
| (X) | Directions and suggestions to the KERC |
| (XI) | Order on the subsequent Interlocutory Applications filed by the petitioners |
(I) BRIEF FACTS:
1. Petitioners are the Companies engaged in the business of Hydro Power generation who had entered into agreements for Wheeling and Banking with the transmission and distribution licensees.
2. They are before this Court challenging the validity of the Rules framed by the Central Government in the year 2022 called the Electricity (Promoting Renewable Energy Through Green Energy Op
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.
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, ....
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 ....
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....
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 regulation defining the threshold for captive generating plants was upheld as intra vires; notifications issued without adherence to natural justice were annulled.
Provisions for duty of distribution licensee and open access has to be read conjointly.
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