IN THE APPELLATE TRIBUNAL FOR ELECTRICITY (Appellate Jurisdiction)

APPEAL No. 302 of 2016 Dated : 14^th May, 2025 Present: Hon’ble Mr. Sandesh Kumar Sharma, Technical Member Hon’ble Mr. Virender Bhat, Judicial Member In the matter of:

Union of India; Through Southern Railway Represented through Deputy Chief Electrical Engineer (TRD), Office of the Chief Electrical Engineer, Southern Railway, 7^th Floor, NGO Annex, Park Town, Chennai – 600003 Email- cede@sr.railnet.gov.in … Appellant Versus

1. Tamil Nadu Electricity Regulatory Commission

19-A, Rukmini Lakshmipathy Salai, Egmore, Chennai - 600008

2. The State of Tamil Nadu Represented through the Secretary to Government, Energy (A2) Department, Fort St. George, Chennai - 600009

3. Tamil Nadu Electricity Board Represented through the Chairman, Tamil Nadu Generation and Distribution Corporation NPKRR Maligai, Old No. 800/ New No. 144, Anna Salai, Chennai – 600002

4. The Director Finance Tamil Nadu Generation and Distribution Corporation NPKRR Maligai, Old No. 800/ New No. 144, Anna Salai, Chennai - 600002 … Respondents Counsel for the Appellant(s) : Sushil Raaja Anand K. Ganesan Swapna Seshadri Kriti Soni Aishwarya Subramani for App. 1 Counsel for the Respondent(s) : Sethu Ramalingam for Res. 1 Amit Anand Tiwari Ld. Sr. Adv.

Anusha Nagarajan For Res. 3 Amit Anand Tiwari Ld. Sr. Adv.

Anusha Nagarajan For Res. 4

J U D G M E N T

PER HON’BLE MR. VIRENDER BHAT, JUDICIAL MEMBER

1. Order dated 23^rd February, 2016 passed by 1^st Respondent – Tamil Nadu Electricity Regulatory Commission (herein after referred to “the Commission”) has been assailed in this appeal by the Appellant. Vide the said order, the Commission has declined to re-visit the tariff fixed by Government of Tamil Nadu for the period between 1^st December, 2001 to 15^th May, 2003 under the Tamil Nadu Revision of Tariff Rates on Supply of Electrical Energy Act, 1978 (in short “1978 Tamil Nadu Act”) saying that it does not have the power to re-visit the tariff for the said period as the same is prior to 10^th June, 2003 on which date Section 62 of the Electricity Act, 2003 dealing with determination of tariff and Section 64 dealing with the procedure for tariff order, came into force. According to the Commission, these legal provisions do not have retrospective effect so as to enable it to re-visit the tariff already fixed by the Government of Tamil Nadu for the Appellant vide the G.O.M No. 95 of 2001 dated 28^th November, 2001.

2. It would be apposite, at first, to state the facts and circumstances in which the instant appeal has arisen.

3. The 1978 Tamil Nadu Act was enacted by the Government of Tamil Nadu on 23^rd February, 1978, Section 4 of which empowered the Government of Tamil Nadu to amend the schedule or tariff rates applicable for supply of electricity by Tamil Nadu Electricity Board within the State.

4. The Appellant – Southern Railway is availing power supply from 4^th Respondent – Tamil Nadu Generation and Distribution Corporation (TANGEDCO in short) for electric traction purposes to various electrical supply points over the State of Tamil Nadu. During the year 2001-02, the Appellant availed power supply from erstwhile Tami Nadu Electricity Board for traction through 17 Traction Sub-stations located in Chennai and Salem divisions.

5. 25 KV AC Electric Traction is in existence in Tamil Nadu since 1964 and Government of Tamil Nadu had offered concessional tariff for Railway Traction during initial electrification phase from 1964 to 1982. The concessional tariff was withdrawn by the Government from the month of May, 1982 onwards and merged railway traction tariff with HT industrial tariff.

6. On 2^nd July, 1998, the Electricity Regulatory Commission Act, 1998 was passed by the Parliament.

7. The Government of Tamil Nadu established the Tamil Nadu Electricity Regulatory Commission on 17^th March, 1999 through G.O. No. 58 (Energy) but the Commission was not functional due to non-appointment of all the required number of members. It became full