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DELHI HIGH COURT
YASHWANT VARMA
BSES Rajdhani Power Ltd. – Appellant
Versus
Northern Regional Power Committee – Respondent
| Table of Content |
|---|
| 1. stay of impugned power allocation. (Para 1 , 2) |
| 2. impact of allocation on power supply. (Para 3 , 4) |
| 3. union's exclusive power to allocate electricity. (Para 5 , 6) |
| 4. request to mop for re-evaluation of power allocation. (Para 12 , 62) |
| 5. allocation of power is a policy decision. (Para 30 , 31) |
ORDER
1. By this order, the Court proceeds to deal with the prayer for vacation of the interim order of 30 March 2022 as addressed on behalf of the respondents. These two writ petitions preferred by the DISCOMS of Delhi lay challenge to an order of 29 March 2022 passed by the Ministry of Power [MoP] allocating the share of the Government of NCT of Delhi [GNCTD] in the power generated by the National Thermal Power Corporation Limited [NTPC] Thermal Power Station named "Dadri-II" to the State of Haryana.
2. The writ petition by BSES came up before the Court on 30 March 2022. On the said date, the Court took note of the submissions addressed on behalf of the petitioners in challenge to the order of 29 March 2022 and proceeded to pass the following interim order:
"1. Notice shall issue to the respondents. Since respondent Nos. 1 to 5 and 7 are duly represented by learned cou
The Union Government has exclusive authority to allocate power from Central Generating Stations, and such allocation is not subject to state regulatory control under the Electricity Act.
The court affirmed that allocation of resources post-reorganization requires only that decision-makers consider relevant factors, allowing flexibility in methodologies and reinforcing the validity of....
The interpretation of tariff regulations concerning power supply and agreements lies exclusively with the regulatory commission, and disputes must be adjudicated by it rather than the High Court.
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 Union of India's order under Section 92 of the 2014 Act, directing payment without a hearing, violated the principles of natural justice and is legally flawed.
The State Government cannot discriminate between similarly situated industrial units in the matter of supply of electricity.
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