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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAKA
ITC Limited – Appellant
Versus
Telangana Electricity Regulatory Commission – Respondent
ORDER :
Nagesh Bheemapaka, J.
Petitioner is stated to be a Company registered under the Companies Act, 2013 having several manufacturing units and branch offices, all over India. The present case relates to captive co-generation of electricity for captive use at its industrial unit at Sarapaka Village in Bhadradri - Kothagudem District. It is stated that the 1st respondent Commission issued Regulation No.2 of 2018 pursuant to Section 86(1)(e) of the Electricity Act, 2003, providing for Renewable Power Purchase Obligations (RPPO) of distribution licensees, open access consumers and captive consumers of captive power plants to purchase renewable energy (solar and non-solar) or renewable energy certificates to the extent specified in the said Regulation. The 1st respondent suo moto initiated proceedings in O.P.No. 22 of 2023 by issuing public notice for determination of the compliance of Renewable Power Purchase Obligation of obligated entities for FY 2019-20 (including shortfall of FY 2018-19), FY 2020-21 (including shortfall of FY 2018-19 and FY 2019-20) and FY 2021-22 (including shortfall of FY 2018-19, 2019-20 and 2020-21) based upon the report of the 2nd Respondent (State Load Desp
The Court upheld that available appellate remedies under the Electricity Act must be pursued before judicial intervention, affirming the Commission's non-compliance finding for RPPO obligations.
Regulations mandating captive power plants to purchase renewable energy are lawful under the Electricity Act, promoting environmental sustainability without violating constitutional rights.
The regulation defining the threshold for captive generating plants was upheld as intra vires; notifications issued without adherence to natural justice were annulled.
The judgment established the importance of understanding exemption provisions, interpreting government orders, and adhering to the procedure for assessment and appeal under the relevant electricity t....
The court established that self-generated solar power used for internal consumption does not constitute unauthorized use of electricity under Section 126 of the Electricity Act.
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