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 within the exclusive domain of the State Regulatory Commission.

JUDGMENT :

Jyotsna Rewal Dua, J.

This writ petition has been filed for the grant of following substantive reliefs: -

“a. That this Hon’ble Court may kindly be pleased to issue a writ of certiorari quashing the letter dated 11.06.2021 (Annexure P-16)

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).”

2. Main grievance of the petitioner is that the draft Power Purchase Agreement (PPA) submitted by it vide letter date 11.05.2021 has not been forwarded by the respondent Electricity Board to the H.P. Electricity Regulatory Commission.

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 eligible to apply under the said Scheme, it did so. It was given the benefit of the One Time Amnesty Scheme, vide letter dated 30.04.2022 and was issued a certificate to the effect that the Schedule Date of Commencement of Operation of the 5.00 MW (Capacity) Anni Small Hydro Project located at Anni (Behna) Khud a tributary of Satluj River District Mandi allotted by the State Govt. on 19.02.1999 for the purchase of tariff applicability, within the framework of the State Hydro Policy, is 30.06.2021. The Schedule Date of Commencement of Operation has been redefined under the One Time Amnesty Scheme notified by GoHP, department of MPP-F(1)-2/2005-XII-L, dated 07.11.2020. The State signed the Supplementary Implementation Agreement (SIA) for redefining of the milestones on 18.12.2020. The construction schedule was also revised.

The petitioner also submits that after the issuance of the certificate it submitted the draft Power Purchase Agreement (PPA) with the Electricity Board vide letter dated 11.05.2021 but the same has not been considered; The respondent Electricity Board vide letter dated 11.06.2021 had directed the petitioner to submit the revised draft petition.

4. It is not disputed by the Ld. Senior Counsel for the petitioner that the petitioner has a statutory remedy available to it before the Himachal Pradesh State Regulatory Commission under Section 86 (1)(f) of the Electricity Act, 2003. The Section reads as under: -

“86. Functions of State Commission. (1) The State Commission shall discharge the following functions, namely:-

(a) determine the tariff for generation, supply, transmission and wheeling of electricity, wholesale, bulk or retail, as the case may be, within the State:

Provided that where open access has been permitted to a category of consumers under section 42, the State Commission shall determine only the wheeling charges and surcharge thereon, if any, for the said category of consumers:

(b) regulate electricity purchase and procurement process of distribution licensees including the price at which electricity shall be procured from the generating companies or licensees or from other sources through agreements for purchase of power for distribution and supply within the State:

(c) facilitate intra-State transmission and wheeling of electricity;

(d) issue licences to persons seeking to act as transmission licensees, distribution licensees and electricity traders wi