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HIGH COURT OF DELHI
MADHYA PRADESH STATE ELECTRICITY BOARD – Appellant
Versus
UOI & ORS. – Respondent
| Table of Content |
|---|
| 1. allocation of power under the act (Para 1 , 2 , 3 , 4 , 5 , 6 , 7) |
| 2. dispute on the allocation formula used (Para 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17) |
| 3. court's reasoning on power allocation and judicial review (Para 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28) |
| 4. dismissal of w.p.(c) 2200/2002 as infructuous (Para 30) |
| 5. final conclusion and orders (Para 31 , 32) |
JUDGMENT :
Prateek Jalan, J.
I. Background:
1. These writ petitions concern the allocation of power between the States of Madhya Pradesh and Chhattisgarh, pursuant to reorganisation of the erstwhile State of Madhya Pradesh under the Madhya Pradesh Reorganisation Act, 2000 [“the Act”].
2. Under Section 75(2) of the Act, the Central Government was empowered to determine the share of the successor states, in the entitlement of the erstwhile State of Madhya Pradesh, to power produced by Central Government undertakings [“Central sector power”]. The Union of India [“UOI”] issued a provisional allocation order on 31.01.2001, which has been challenged by Madhya Pradesh State Electricity Board [“MPSEB”] in W.P.(C) 2200/2002. The final order was issued by the UOI on 03.11.2004. This is the subject matter
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