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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
SANDEEP SHARMA
Kundlas Loh Udyog – Appellant
Versus
HPSEBL – Respondent
| Table of Content |
|---|
| 1. common questions of facts and law addressed. (Para 1) |
| 2. petitioners' grievances about tariff changes. (Para 2 , 4 , 5) |
| 3. interim directions regarding energy bills. (Para 6 , 8 , 9) |
| 4. arguments on the amendment of tariff orders. (Para 7 , 10 , 11) |
| 5. discussion on the consumer's rights and subsidy. (Para 12 , 14 , 15) |
| 6. legal framework defining tariff regulations. (Para 16 , 18 , 19) |
| 7. regulatory provisions and subsidy implementations. (Para 22 , 24 , 30) |
| 8. clarifications on the subsidy and tariff approvals. (Para 36 , 39 , 40) |
| 9. determining tariff without subsidies due to governmental actions. (Para 42 , 50 , 52) |
| 10. final ruling on the validity of the energy bills. (Para 60 , 71 , 73) |
JUDGMENT :
Sandeep Sharma, J.
1. Since common questions of facts and law are involved in all the above captioned cases and petitioners therein are aggrieved by energy bill issued by respondent No.2 Himachal Pradesh State Electricity Board Limited (hereinafter, ‘Board’) for the month of October, 2024, without extending benefit of additional subsidy otherwise provided by respondent No.3 Himachal Pradesh Electricity Regulatory Commission (hereinafter, ‘Commission’) in Tariff Order for Fina
The Electricity Board's action to issue energy bills without subsidy was lawful under the Electricity Act after the State Government's withdrawal of additional subsidy, as the Tariff Order provided f....
The absence of regulations does not invalidate the Board's authority to set Grid Tariffs under the Electricity (Supply) Act, provided such tariffs adhere to the principles outlined within the Act.
Point of law: Commission cannot be kept in the dark when the effect is amendment to the PPA.
The court emphasized that the circulars were issued to encourage consumption of electricity during lean hours and not to confer benefits retrospectively, and that the circular could not be made effec....
Point of law: since Merit Order Despatch does not apply to renewable energy, which runs on Must Run Basis, the learned single Judge has not committed any illegality in directing that the respondents ....
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