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KARNATAKA HIGH COURT
M/S SHREE RENUKA SUGARS LIMITED – Appellant
Versus
STATE OF KARNATAKA – Respondent
| Table of Content |
|---|
| 1. background on power generation and petitioner's activities. (Para 1 , 2) |
| 2. state's directive during extraordinary circumstances. (Para 5 , 9) |
| 3. legality of financial conditions imposed by the state. (Para 10 , 12 , 30) |
| 4. state's powers in public interest concerning generating stations. (Para 24 , 27) |
| 5. clause 1(d) of the order recognized as illegal. (Para 39) |
| 6. concluding order to refund the financial benefit. (Para 40 , 41) |
ORDER :
N.S. SANJAY GOWDA, J.
1. The petitioner herein is a company running sugar factories across the State, and also generates green power using bagasse. The excess power generated was being sold by the petitioner through the Indian Energy Exchange registered with the 4th respondent (mainly inter-State supply through open access). In this regard, clearance was obtained by the petitioner from the State Load Despatch Centre (“SLDC”) on 29.09.2023.
2. The petitioner, though initially did not generate requisite surplus power for sale, thereafter attempted to sell the same through open access, and this was denied by the 2nd respondent stating that due to imposition of the provisions of Section 11 of the Electricity Act, 2003 (“the Act”), the petitio
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