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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
JYOTSNA REWAL DUA
Growel Energy Company Ltd. – Appellant
Versus
State of H.P. – Respondent
| Table of Content |
|---|
| 1. outline of petitioner's complaint regarding ppa. (Para 2 , 3) |
| 2. existence of statutory remedy under the electricity act. (Para 4 , 5) |
JUDGMENT :
This writ petition has been filed for the grant of following substantive reliefs: -
b. That this Hon’ble Court may kindly be pleased to issue writ of mandamus directing the respondent Board to act upon the letter dated 11.05.2021 (Annexure P-14) by forwarding the same to Hon’ble H.P. Electricity Regulatory Commission for approving the draft Power Purchase Agreement (PPA).”
3. As per the petitioner it was allotted a Small Hydro Power Project, namely, Anni Hydro Electric Project in District Mandi, Kullu, H.P. with an installed capacity of 5 MW and an Implementation Agreement was entered into between the petitioner and respondent No. 1 on 08.06.2005. Thereafter, a Power Purchase Agreement was also approved by the Himachal Pradesh Electricity Regulatory Commission. Further case of the petitioner is that the project could not be completed within the given timelines and as such could not become functional. The State Government notified a One Time Amnesty scheme vide notification dated 17.11.2020 (Annexure P-6). Petitioner was elig
The High Court declined to exercise jurisdiction over a writ petition due to the availability of an alternate statutory remedy under the Electricity Act, affirming that tariff regulation issues fall ....
Writ petitions under Article 226 against electricity regulatory commission orders fixing O&M charges not maintainable due to efficacious statutory appeal remedy under Section 111 of Electricity Act, ....
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....
Writ under Article 226 not maintainable against regulatory order where statutory appeal available, issues involve disputed facts/law, and no jurisdictional error or natural justice violation; exhaust....
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....
The Central Government lacks the legislative competence to frame rules regarding open access in electricity, which is exclusively regulated by the State Commission under the Electricity Act.
Substantial change/modification in tariff cannot be read to apply retrospectively from date of agreement executed between parties.
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