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IN THE APPELLATE TRIBUNAL FOR ELECTRICITY (Appellate Jurisdiction)
APPEAL NO. 272 OF 2018 & IA No.1034 of 2025 &
APPEAL NO. 24 OF 2021 & IA No.1159 of 2019 Dated: 11th December, 2025 Present: Hon’ble Mr. Justice Ramesh Ranganathan, Chairperson Hon’ble Mrs. Seema Gupta, Technical Member (Electricity)
APPEAL NO. 272 OF 2018 & IA No.1034 of 2025 IN THE MATTER OF:
Bhopal Dhule Transmission Company Limited, F-1. “The Mira Corporate Suites”, 1 & 2 Ishwar Nagar, Mathura Road, New Delhi-110065. … Appellant Versus
11. Central Electricity Regulatory Commission, Through its Secretary, 3rd& 4th Floor, Chanderlok Building, Janpath, New Delhi-110001.
22. Power Grid Corporation of India Limited, Through its Chairman and Managing Director, having its registered office at: B-9, Qutub Institutional Area, Katwaria Sarai, New Delhi-110016.
and Corporate office at: “Saudamini”, Plot No.2, Sector-29, Gurgaon -122001.
33. Madhya Pradesh Power Management Company Limited, Through Managing Director, Shakti Bhawan, Rampur Jabalpur-482 008.
44. Maharashtra State Electricity Distribution Co.Ltd., Through Chairman and Managing Director, Prakashgad, 4th Floor, Andheri (East)
Mumbai- 400 052.
55. Gujarat Urja Vikas Nigam Limited, Through Managing Director, Sardar Patel Vidyut Bhawan, Race Course
66. Electricity Department, Government of Goa, Through Chief Electrical Engineer, Vidhyut Bhawan, Panaji, Near Mandvi Hotel, Goa-403 001.
77. Electricity Department, Through Secretary (Power), Administration of Daman & Diu, Daman-396 210.
(Also at)
Exceutive Engineer, Vidhyut Bhavan, near 66/11 kv Kachigam sub-station, Somnath – Kachigam road, Kachigam, Daman-396210.
88. Electricity Department, Through Secretary (Power), Administration of Dadra Nagar Haveli, U.T., Silvassa-396 230.
99. Chhattisgarh State Electricity Board, Through Managing Director, P.O. Sundar Nagar, Dangania, Raipur, Chhattisgarh-492 013 (Now known as)
Chhattisgarh State Power Distribution Company Limited, Vidyut Seva Bhavan, P.O. Sundar Nagar, Dangania, Raipur, Chhattisgarh-492 013.
1010. Madhya Pradesh Audyogik Kendra, Through its Managing Director, Vikas Nigam (Indore) Ltd., 3/54, Press Complex, Agra-Bombay Road, Inodre-452 008.
1111. Central Transmission Utility of India Limited, Through its Chairman-cum-Managing Director, “Saudamini”, Plot No.2, Sector-29, Near IFFCO Chowk, Gurgaon, Haryana -122001.. … Respondents Counsel for the Appellant(s) : Mr. Syed Jafar Alam Mr. Deep Rao Palepu Mr. Harneet Kaur Mr. Arjun Agarwal Counsel for the Respondent(s) : Mr. Dhananjay Baijal for Res.1 Ms. Suparna Srivastava for Res.2 Mr. Alok Shankar Mr. Kumarjeet Ray for Res.11 APPEAL NO. 24 OF 2021 & IA No.1159 of 2019 IN THE MATTER OF:
Power Grid Corporation of India Limited, Through its Chairman and Managing Director, having its registered office at: B-9, Qutub Institutional Area, Katwaria Sarai, New Delhi-110016.
and Corporate office at: “Saudamini”, Plot No.2, Sector-29, Gurgaon -122001. … Appellant Versus
1. Central Electricity Regulatory Commission, Through its Secretary, 3rd& 4th Floor, Chanderlok Building, Janpath, New Delhi-110001.
2. Bhopal Dhule Transmission Company Ltd., Through its Director, F-1, “The Mira Corporate Suites”, 1 & 2 Ishwar Nagar, Mathura Road, New Delhi-110065.
3. Chhattisgarh State Power Trading Company Limited, Through its Director, 2nd Floor, “Vidyut Sewa Bhawan”, Danganiya, Raipur, Chhattisgarh-492013.
4. Sterlite Energy Limited, Through its Director, 1st Floor, City Mart Complex, Baramuda, Bhubaneswar, Odisha-751023.
5. GMR Kamalanga Energy Limited, Through its Director, 10th Floor, C&D Block, IBC Knowledge Park, Opposite Fire Station, Bannerughatta Road, Bangalore, Karnataka-560076.
6. Navbharat Power Private Limited, Through its Director, Malaxmi House, 82583/3, Road No.2, Banjara Hills, Hyderabad-500034.
7. Monnet Power Company Limited, Through its Director, Monnet House, 11 Masjid Moth, Greater Kailash Part-II, New Delhi-110048.
8. Jindal India Thermal Power Limited, Through its Director, B-1, Local Shopping Complex, Vasant Kunj, New Delhi-110070.
9. Lanco Babandh Power Private Limited, Through its Director, Plot No.397, Udyog Vihar V, Gurgaon, Haryana-122016.
10. Ind Barath Energy (Utkal) Limited, Through its Director, Plot No.30 A, Road No.1, Film Nagar, Jubilee Hills, Hyderabad, Andhra Pradesh-500033.
11. MB Power (Madhya Pradesh) Limited, Through its Director, 235, Okhla Industrial Area, Phase-III, New Delhi-110020.
1212. RKM Powergen Limited, Through its Director, 147, Gitanjali Avanti Vihar, Sector-1, Raipur, Chhattisgarh -492004.
1313. Athena Chhattisgarh Power Limited, Through its Director, 7-1-24 B Block, 5th Floor, Roxana Towers, Greenlands, Begumpet, Hyderabad, Andhra Pradesh-500016.
1414. Jindal Power Limited, Through its Director, 2nd Floor, DCM Building, Plot No.94, Sector 32, Gurgaon, Haryana-122001.
1515. SKS Power Generation (Chhattisgarh) Limited, Through its Director, 501 B, Elegant Business Park, Andheri, Kurla Road, J.B. Nagar, Andheri (East), Mumbai, Mahrashtra-400059.
1616. Korba West Power Company Limited, Through its Director, 6th and 7th Floor, Vatika City Point, M.G. Road, Gurgaon, Haryana-122002.
1717. DB Power Limited, Through its Director, 813, Phase V, Udyog Vihar, Gurgaon, Haryana-122016.
1818. Visa Power Limited, Through its Director, No.9, HLL Building, Shakespeare Sarani, Kolkata, West Bengal-700071.
1919. KSK Mahanadi Power Company Limited, Through its Director, 82/293/82/A/431/A, Road No.22, Jubilee Hills, Hyderabad, Andhra Pradesh-500033.
2020. Bharat Aluminum Company Limited, Through its Director, C/o Administrative Building, Balco Nagar, Korba, Chhattisgarh-495684.
2121. Vandana Vidyut Limited, Through its Director, Vandana Bhawan, MG Road, Raipur, Chhatisgarh-492001.
2222. Lanco Amarkantak Power Limited, Through its Director, Plot No.397, Udyog Vihar, Phase-3, Gurgaon, Haryana-122016.
2323. Chhattisgarh Steel & Power Limited, Through its Director, 142, Saheed Smarak Complex, G.E. Road, Raipur, Chhatisgarh-492001.
2424. GMR Chhattisgarh Energy Pvt. Limited Through its Director, 10th Floor, Tower D,IBC Knowledge Park, 4/1 Bannerghatta Road, Near Dairy Circle, Bangalore, Karnataka-560029.
2525. Central Transmission Utility of India Limited, Through its Chief General Manager, Floors No.5-10, Tower 1, Plot No.16, IRCON International Tower, Institutional Area, Sector 32, Gurugram, Haryana – 122001.
Counsel for the Appellant(s) : Ms. Suparna Srivastava Counsel for the Respondent(s) : Mr. Dhananjay Baijal for Res.1 Mr. Syed Jafar Alam Mr. Deep Rao Palepu Mr. Harneet Kaur Mr. Arjun Agarwal for Res.2 Mr. Alok Shankar Mr. Kumarjeet Rao for Res.25
IN THE APPELLATE TRIBUNAL FOR ELECTRICITY (Appellate Jurisdiction)
APPEAL NO. 272 OF 2018 & IA No.1034 of 2025 &
APPEAL NO. 24 OF 2021 & IA No.1159 of 2019 Dated: 11th December, 2025 Present: Hon’ble Mr. Justice Ramesh Ranganathan, Chairperson Hon’ble Mrs. Seema Gupta, Technical Member (Electricity)
APPEAL NO. 272 OF 2018 & IA No.1034 of 2025 IN THE MATTER OF:
Bhopal Dhule Transmission Company Limited, F-1. “The Mira Corporate Suites”, 1 & 2 Ishwar Nagar, Mathura Road, New Delhi-110065. … Appellant Versus
11. Central Electricity Regulatory Commission, Through its Secretary, 3rd& 4th Floor, Chanderlok Building, Janpath, New Delhi-110001.
22. Power Grid Corporation of India Limited, Through its Chairman and Managing Director, having its registered office at: B-9, Qutub Institutional Area, Katwaria Sarai, New Delhi-110016.
and Corporate office at: “Saudamini”, Plot No.2, Sector-29, Gurgaon -122001.
33. Madhya Pradesh Power Management Company Limited, Through Managing Director, Shakti Bhawan, Rampur Jabalpur-482 008.
44. Maharashtra State Electricity Distribution Co.Ltd., Through Chairman and Managing Director, Prakashgad, 4th Floor, Andheri (East)
Mumbai- 400 052.
55. Gujarat Urja Vikas Nigam Limited, Through Managing Director, Sardar Patel Vidyut Bhawan, Race Course
66. Electricity Department, Government of Goa, Through Chief Electrical Engineer, Vidhyut Bhawan, Panaji, Near Mandvi Hotel, Goa-403 001.
77. Electricity Department, Through Secretary (Power), Administration of Daman & Diu, Daman-396 210.
(Also at)
Exceutive Engineer, Vidhyut Bhavan, near 66/11 kv Kachigam sub-station, Somnath – Kachigam road, Kachigam, Daman-396210.
88. Electricity Department, Through Secretary (Power), Administration of Dadra Nagar Haveli, U.T., Silvassa-396 230.
99. Chhattisgarh State Electricity Board, Through Managing Director, P.O. Sundar Nagar, Dangania, Raipur, Chhattisgarh-492 013 (Now known as)
Chhattisgarh State Power Distribution Company Limited, Vidyut Seva Bhavan, P.O. Sundar Nagar, Dangania, Raipur, Chhattisgarh-492 013.
1010. Madhya Pradesh Audyogik Kendra, Through its Managing Director, Vikas Nigam (Indore) Ltd., 3/54, Press Complex, Agra-Bombay Road, Inodre-452 008.
1111. Central Transmission Utility of India Limited, Through its Chairman-cum-Managing Director, “Saudamini”, Plot No.2, Sector-29, Near IFFCO Chowk, Gurgaon, Haryana -122001.. … Respondents Counsel for the Appellant(s) : Mr. Syed Jafar Alam Mr. Deep Rao Palepu Mr. Harneet Kaur Mr. Arjun Agarwal Counsel for the Respondent(s) : Mr. Dhananjay Baijal for Res.1 Ms. Suparna Srivastava for Res.2 Mr. Alok Shankar Mr. Kumarjeet Ray for Res.11 APPEAL NO. 24 OF 2021 & IA No.1159 of 2019 IN THE MATTER OF:
Power Grid Corporation of India Limited, Through its Chairman and Managing Director, having its registered office at: B-9, Qutub Institutional Area, Katwaria Sarai, New Delhi-110016.
and Corporate office at: “Saudamini”, Plot No.2, Sector-29, Gurgaon -122001. … Appellant Versus
1. Central Electricity Regulatory Commission, Through its Secretary, 3rd& 4th Floor, Chanderlok Building, Janpath, New Delhi-110001.
2. Bhopal Dhule Transmission Company Ltd., Through its Director, F-1, “The Mira Corporate Suites”, 1 & 2 Ishwar Nagar, Mathura Road, New Delhi-110065.
3. Chhattisgarh State Power Trading Company Limited, Through its Director, 2nd Floor, “Vidyut Sewa Bhawan”, Danganiya, Raipur, Chhattisgarh-492013.
4. Sterlite Energy Limited, Through its Director, 1st Floor, City Mart Complex, Baramuda, Bhubaneswar, Odisha-751023.
5. GMR Kamalanga Energy Limited, Through its Director, 10th Floor, C&D Block, IBC Knowledge Park, Opposite Fire Station, Bannerughatta Road, Bangalore, Karnataka-560076.
6. Navbharat Power Private Limited, Through its Director, Malaxmi House, 82583/3, Road No.2, Banjara Hills, Hyderabad-500034.
7. Monnet Power Company Limited, Through its Director, Monnet House, 11 Masjid Moth, Greater Kailash Part-II, New Delhi-110048.
8. Jindal India Thermal Power Limited, Through its Director, B-1, Local Shopping Complex, Vasant Kunj, New Delhi-110070.
9. Lanco Babandh Power Private Limited, Through its Director, Plot No.397, Udyog Vihar V, Gurgaon, Haryana-122016.
10. Ind Barath Energy (Utkal) Limited, Through its Director, Plot No.30 A, Road No.1, Film Nagar, Jubilee Hills, Hyderabad, Andhra Pradesh-500033.
11. MB Power (Madhya Pradesh) Limited, Through its Director, 235, Okhla Industrial Area, Phase-III, New Delhi-110020.
1212. RKM Powergen Limited, Through its Director, 147, Gitanjali Avanti Vihar, Sector-1, Raipur, Chhattisgarh -492004.
1313. Athena Chhattisgarh Power Limited, Through its Director, 7-1-24 B Block, 5th Floor, Roxana Towers, Greenlands, Begumpet, Hyderabad, Andhra Pradesh-500016.
1414. Jindal Power Limited, Through its Director, 2nd Floor, DCM Building, Plot No.94, Sector 32, Gurgaon, Haryana-122001.
1515. SKS Power Generation (Chhattisgarh) Limited, Through its Director, 501 B, Elegant Business Park, Andheri, Kurla Road, J.B. Nagar, Andheri (East), Mumbai, Mahrashtra-400059.
1616. Korba West Power Company Limited, Through its Director, 6th and 7th Floor, Vatika City Point, M.G. Road, Gurgaon, Haryana-122002.
1717. DB Power Limited, Through its Director, 813, Phase V, Udyog Vihar, Gurgaon, Haryana-122016.
1818. Visa Power Limited, Through its Director, No.9, HLL Building, Shakespeare Sarani, Kolkata, West Bengal-700071.
1919. KSK Mahanadi Power Company Limited, Through its Director, 82/293/82/A/431/A, Road No.22, Jubilee Hills, Hyderabad, Andhra Pradesh-500033.
2020. Bharat Aluminum Company Limited, Through its Director, C/o Administrative Building, Balco Nagar, Korba, Chhattisgarh-495684.
2121. Vandana Vidyut Limited, Through its Director, Vandana Bhawan, MG Road, Raipur, Chhatisgarh-492001.
2222. Lanco Amarkantak Power Limited, Through its Director, Plot No.397, Udyog Vihar, Phase-3, Gurgaon, Haryana-122016.
2323. Chhattisgarh Steel & Power Limited, Through its Director, 142, Saheed Smarak Complex, G.E. Road, Raipur, Chhatisgarh-492001.
2424. GMR Chhattisgarh Energy Pvt. Limited Through its Director, 10th Floor, Tower D,IBC Knowledge Park, 4/1 Bannerghatta Road, Near Dairy Circle, Bangalore, Karnataka-560029.
2525. Central Transmission Utility of India Limited, Through its Chief General Manager, Floors No.5-10, Tower 1, Plot No.16, IRCON International Tower, Institutional Area, Sector 32, Gurugram, Haryana – 122001.
Counsel for the Appellant(s) : Ms. Suparna Srivastava Counsel for the Respondent(s) : Mr. Dhananjay Baijal for Res.1 Mr. Syed Jafar Alam Mr. Deep Rao Palepu Mr. Harneet Kaur Mr. Arjun Agarwal for Res.2 Mr. Alok Shankar Mr. Kumarjeet Rao for Res.25
JUDGEMENT
PER HON’BLE MRS. SEEMA GUPTA, TECHNICAL MEMBER (ELECTRICITY)
Appeal no. 272 of 2018 has been filed by M/s Bhopal Dhule Transmission Company Limited, challenging the order dated 20.09.2017 in Petition No. 227/TT/2014 (hereinafter referred as “Impugned Order 1”) passed by the Central Electricity Regulatory Commission. The CERC dismissed the Review Petition No.46/RP/2017 filed by the Appellant-BPTCL against the order in Petition no.227/TT/2014 vide its Order dated 23.07.2018.
Appeal no. 24 of 2021 has been filed by M/s Power Grid Corporation of India Limited, challenging the order dated 25.06.2018 in Petition No. 216/MP/2018 (hereinafter referred as “Impugned Order 2”) passed by the Central Electricity Regulatory Commission.
The issues involved in both the appeals are connected and accordingly being disposed of with this common judgement. For the sake of convenience, the description of the parties is given hereunder as per appeal No.272 of 2018.
Description of Parties (Appeal No.272 of 2018)
The Appellant, M/s Bhopal Dhule Transmission Company Limited (hereinafter referred as “Appellant-BDTCL”), is engaged in the business of developing, operating and maintaining a competitive bid out inter-State transmission project on a build, own, operate and maintain basis.
Respondent No.1 is Central Electricity Regulatory Commission (hereinafter referred as “Central Commission/CERC”)
Respondent No.2 is Power Grid Corporation of India Ltd. (PGCIL), which is inter-State transmission licensee under section 2 (73) of the Electricity Act, that owns, develops and operates transmission elements across the country. PGCIL also discharged the functions of the Central Transmission Utility (“CTU”) in terms of Section 2(10) and 38 of the Act and the nodal agency in terms of Regulations 2(q) and 4 of the CERC (Grant of Connectivity, Long-term Access and Medium- term Open Access in inter-State transmission and related matters) Regulations, 2009 (“Connectivity Regulations”). Power Grid Corporation of India Ltd is the Appellant in Appeal No 24 of 2021(hereinafter referred as “Appellant-PGCIL”). Respondent No.3 to 10 are distribution licensees, electricity departments of power procurement companies of States, who procure transmission services from PGCIL mainly in the Western Region and are Long Term Transmission Customers who executed a Transmission Services Agreement dated 7.12.2010 with the Appellant-BPTCL.
Factual matrix of the Case: (Appeal No.272 of 2018)
As per the applicable Guidelines for implementing transmission projects under the TBCB route, the Government of India appointed M/s. PFC Consulting Ltd. as the Bid Process Coordinator (BPC). The BPC incorporated BDTCL as a Special Purpose Vehicle (SPV) for implementing the following transmission elements on build, own, operate and maintain basis :
(a) Transmission Lines:
(i) Jabalpur-Bhopal 765 kV S/C Transmission line (JB Line);1
(ii) Bhopal-Indore 765 kV S/C Transmission line (BI Line);2
(iii) Bhopal-Bhopal 400 kV D/C Transmission Line (BB Line);
(iv) Aurangabad-Dhule 765 kV S/C Transmission Line (AD Line);3
(v) Dhule-Vadodara 765 kV S/C Transmission Line (DV Line) 4 and
(vi) Dhule-Dhule 400 kV D/C Transmission Line (DD Line).
(b) Substations:
(i) 765/400 kV 2x1500 MVA substation at Bhopal
(ii) 765/400 kV 2x1500 MVA substation at Dhule
(The above transmission lines and substations together are referred as Project)
Note :1. The line to be terminated in Jabalpur 765/400 kV Substation of Appellant – PGCIL
2. The line to be terminated in Indore 765/400 kV substation of Appellant- PGCIL
3. The line to be terminated in Aurangabad 765/400 kV substation of Appellant- PGCIL
4. The line to be terminated in Vadodra 765/400 kV substation of Appellant- PGCIL
On 07.12.2010, Respondent Nos.3 to 10 (distribution licensees, electricity departments or power procurement companies of States), the Long-Term Transmission Customers executed a Transmission Services Agreement (“TSA) with the SPV. On 31.01.2011, PFC Consulting Ltd. issued a
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