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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
G.S.SANDHAWALIA, JIYA LAL BHARDWAJ
Himachal Pradesh Electricity Board Ltd. – Appellant
Versus
Kundan Hydro (Luni) Pvt. Ltd. – Respondent
| Table of Content |
|---|
| 1. single judge quashed old ppa as non-binding on petitioner (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. project transferred via tripartite agreements and insolvency resolution (Para 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18) |
| 3. dispute over binding tariff from 2000 ppa (Para 19 , 20) |
| 4. writ jurisdiction limited; tariff for regulatory commission (Para 21 , 22) |
| 5. new ppa mandated at current hperc tariffs (Para 23 , 24 , 25 , 26) |
| 6. successors bound by original ppa through assignments (Para 27 , 28 , 29 , 30 , 31 , 32 , 33 , 34 , 35) |
| 7. tariff fixation exclusive domain of hperc (Para 36 , 37 , 38 , 39 , 40) |
| 8. appeal allowed; relegate parties to hperc (Para 41 , 42) |
JUDGMENT :
G.S. Sandhawalia, C.J.
Challenge by the appellant-Himachal Pradesh State Electricity Board Ltd. (hereinafter referred to as ‘the appellant-Board’) in the instant Letters Patent Appeal, is to the judgment dated 10.09.2024, rendered by the learned Single Judge in CWP No.7177 of 2024, titled Kundan Hydro (Luni) Private Limited vs. State of Himachal Pradesh through its Addl. Chief Secretary (MPP & Power) & anr., whereby the writ petition filed by the petitioner-Kundan Hydro (Luni) Private Ltd-respondent No
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....
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, ....
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....
Power purchase agreements must be aligned with regulatory frameworks and cannot be enforced if unapproved, particularly regarding classifications impacting fixed charges.
Tariff modifications in power purchase agreements must comply with regulatory approvals as per Section 86(1)(b) of the Act, ensuring valid determination of electricity purchase prices.
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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