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PUSHPENDRA SINGH BHATI
South West Mining Limited – Appellant
Versus
Rajasthan Electricity Regulatory Commission – Respondent
JUDGMENT :
1. This writ petition under Articles 226 & 227 of the Constitution of India has been preferred claiming the following reliefs:
(ii) Any other order which this Hon’ble Court deems just and proper in the facts and circumstances of the case may also be passed in favour of the petitioner.”
2. Brief facts of the case, as placed before this Court by learned counsel for the petitioner, are that the petitioner is a registered Public Limited Company. The lignite mining cum power project was envisaged by the Government of Rajasthan in the year 1996. The lignite mines pertaining to the project i.e. Kapurdi and Jalipa, vested in the respondent no.2. The Mine Development & Operation Contract was executed between the petitioner and the respondent no.2-BLMCL, wherein
The Regulatory Commission possesses jurisdiction under Section 94 of the Electricity Act to summon documents necessary for determining fair transfer prices, prioritizing public interest.
The Ombudsman erred in failing to recognize the commercial relationship between the parties, which affected the determination of electricity tariff under the Electricity Act.
Point of law: Commission cannot be kept in the dark when the effect is amendment to the PPA.
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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