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2016 Supreme(Raj) 1374

GOVIND MATHUR, KAILASH CHANDRA SHARMA
Hindustan Zinc Limited – Appellant
Versus
Rajasthan Electricity Regulatory Commission, Jaipur – Respondent


Advocate Appeared:
For the Petitioners:Mr. M.S. Singhvi, Senior Advocate, assisted by Mr. Anjay Kothari, Mr. Akhilesh Rajpurohit and Mr. Abhishek Mehta, Mr. Ramit Mehta, Mr. Sanjay Nahar, Mr. Neeraj Kumar Bohra, Mr. Dinesh Mehta and Mr. Sunil Beniwal, Advocates.
For the Respondents:Mr. Buddy A. Rangnadhan Mr. Arijit Maitrya Mr. M.R. Singhvi, Senior Advocate, assisted by Mr. Bhavit Sharma, Mr. Ravi Bhansali, Senior Advocate, assisted by Mr. Dhanesh Saraswat and Mr. Kuldeep Mathur, Advocates.

ORDER :

Govind Mathur, J.

These petitions for writ are before us to examine constitutional validity of the regulations 17, 21(1), 25, 26(3), 26(6), 26(7)(i), 26(7)(ii), 26(7)(iii), 26(7)(v) and 26(8) of the Rajasthan Electricity Regulatory Commission (Terms and Conditions for Ope Access) Regulations, 2016 (hereinafter referred to as 'the Regulations of 2016').

2. Before coming to the facts and the issues under adjudication, it would be appropriate to mention introductory details about the Indian Electricity Act 2003 and the concept of "open access" incorporated therein. The provisions of the Act of 2003 and the concept of open access enshrined in it is a very ambitious step of the legislature to promote the entire electricity sector with a view to have progressive reforms to benefit industrial consumers, private utilities, power equipment providers etc.

3. The parliament enacted the Act of 2003 to consolidate the laws relating to generation, transmission, distribution, trading and use of electricity and generally for taking measures conducive to development of electricity industry,





























































































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