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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
ANU SIVARAMAN, RAJESH RAI K.
State Load Dispatch Center, Operated By Karnataka Power Transmission Corporation Limited, Represented By Its Chief Engineer – Appellant
Versus
NSL Sugars Limited, Represented By Its Authorised Signatory – Respondent
| Table of Content |
|---|
| 1. writ appeals allowed; judgment of learned single judge set aside. (Para 1) |
| 2. background facts regarding electricity generation in karnataka. (Para 2 , 3 , 4 , 5) |
| 3. court's observations on jurisdictional implications. (Para 6 , 8 , 20 , 21) |
| 4. arguments concerning the jurisdiction of appropriate government. (Para 7 , 9 , 10 , 11 , 12 , 19) |
| 5. interpretation of statutory provisions regarding emergency powers. (Para 18 , 33 , 34 , 35 , 43) |
| 6. clarification on the applicability of section 11 of the act. (Para 49) |
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
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 doe....
The State cannot grant financial incentives like rebates to distribution licensees for prompt payments while compelling generating companies to supply power, as this constitutes an unlawful financial....
The court ruled that challenges to past decisions cannot be re-litigated in separate writ petitions if they are pending appeals, emphasizing principles of res judicata.
State cannot grant rebates to distribution licensees while compelling power supply under public interest directives, as it undermines the interests of generating companies.
The State Government cannot discriminate between similarly situated industrial units in the matter of supply of electricity.
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.
The State Government's directions under Section 108 of the 2003 act are binding on the State Electricity Regulatory Commission, and the principles of promissory estoppel and legitimate expectation ar....
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....
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