The appropriate government under Section 11 of the Electricity Act is the State Government for embedded generators facing state-specific extraordinary circumstances, reaffirming that jurisdiction does not extend to interstate generating companies under normal interpretations.

JUDGMENT :

RAJESH RAI K., J.

1. Writ Appeals No.529/2024, 526/2024 and 530/2024 are by State Load Despatch Centre (SLDC), Writ Appeal No.557/2024 is by the Karnataka Power Transmission Corporation Limited (KPTCL) and Writ Appeal No.623/2024 is by the State of Karnataka, challenging the common order dated 11.03.2024 passed by the learned Single Judge in W.P.No.24998/2023, 24239/2023, 26833/2023 and 26324/2023, whereby the learned Single Judge has allowed the said petitions as under:

"The petitions are allowed quashing the impugned State Government’s Order dated 16.10.2023 in No. ENERGY 82 PPT 2023 insofar as it extends to those engaged in inter-state transmission of electricity and the following consequential withdrawal of approval / No-Objections issued by M/s KPTCL [the State Load Dispatch Centre] to the respective petitioners.

[A] the Communication dated 18.09.2023 [Annexure - B in WP No.24998/2023]

[B] the Communication dated 17.10.2023 [Annexure - B in WP No. 26324/2023]

[C] the Communication dated 18.10.2023 [Annexure - B in WP No. 26833/2023]

Consequentially, M/s KPTCL, the State Load Dispatch Centre, is directed to reinstate the corresponding approvals/No-objection issued to the petitioners in W.P.No.24998/2023 and W.P.No.23624/2023, and insofar as the petitions in W.P.No.24239/2023 and W.P.No.26833/2023, M/s KPTCL is directed to consider the respective requests in the light of this order."

2. The abridged facts for disposal of these collective Writ Appeals are as under:

Electricity generation in the State of Karnataka is primarily dependent on renewable and hydel sources. Owing to depleted reservoir levels in major dams, the State Load Dispatch Centre was compelled to implement load management measures since the August of 2023. As the Electricity Supply Companies’ effort to procure power from exchanges at maximum cap rates proved insufficient, the Government of Karnataka issued the Government Order dated 16.10.2023 under Section 11 (1) of the Electricity Act, 2003 (hereinafter referred to as "the Act") directing all generators within the State to operate and maintain generating stations at maximum exportable capacity and supply all electricity generated to the State Grid at a provisional tariff of Rs.4.86 per unit, subject to final determination by KERC under (2) of the Act, which reads as under:

GOVERNMENT ORDER No. ENERGY 82 PPT 2023, BENGALURU, Dated 16.10.2023

In the circumstances explained in the Preamble and in exercise of the power conferred under Section.11 of Electricity Act, 2003, the State Government in the public interest hereby issues the following Directions, with immediate effect and until further orders.

1. All the Generators in the State of Karnataka shall operate and maintain their generating stations to maximum exportable capacity and supply all the electricity generated to State Grid subject to the following conditions:

[a] ESCOMs shall pay at Rs.4.86/unit provisionally subject to KERC orders thereon.

[b] The balance capacity of UPCL plant, over and above the contracted capacity with the ESCOMs under the PPA shall be supplied to State Grid at PPA rates.

[c] Joint meter readings shall be the basis for raising the monthly invoices.

[d] Rebate of 2% shall be allowed on the bill amount if payment is made within 5 days from the date of presentation of bill or otherwise 1% shall be allowed if the payments are made within 30 days.

[e] Due date for making payment shall be 30 days from the date o