COURT-2 IN THE APPELLATE TRIBUNAL FOR ELECTRICITY (Appellate Jurisdiction)

IA No. 771 OF 2024 in APL No. 275 OF 2015 & IA No. 776 OF 2024 in APL No. 408 OF 2022 &

IA No. 772 OF 2024 in APL No. 22 OF 2022 Dated : 17^th February, 2025 Present: Hon’ble Mr. Sandesh Kumar Sharma, Technical Member Hon’ble Mr. Virender Bhat, Judicial Member In the matter of:

IA No. 771 OF 2024 in APL No. 275 OF 2015 Damodar Valley Power Consumers Association & Anr. .... Appellant(s)

Versus West Bengal Electricity Regulatory Commission & Anr. .... Respondent(s)

Counsel on record for the Appellant(s) : Rajiv Yadav Rahul Chouhan for App.

1 Rajiv Yadav Rahul Chouhan for App. 2 Counsel on record for the Respondent(s) : C.K. Rai for Res. 1 Shri Venkatesh Shryeshth Ramesh Sharma Bharath Gangadharan Ashutosh Kumar Srivastava Nihal Bhardwaj Siddharth Nigotia Shivam Kumar Kartikay Trivedi Aashwyn Singh Punyam Bhutani Suhael Buttan Manu Tiwari Himangi Kapoor Vineet Kumar Nikunj Bhatnagar Aditya Tiwari Priya Dhankar Harsh Vardhan Anant Singh Abhishek Nangia Abhishek Nangia Kunal Veer Chopra Nehal Jain Vedant Choudhary Mohit Gupta for Res. 2 IA No. 776 OF 2024 in APL No. 408 OF 2022 &

IA No. 772 OF 2024 in APL No. 22 OF 2022 Damodar Valley Power Consumers Association .... Appellant(s)

Versus West Bengal Electricity Regulatory Commission & Anr. .... Respondent(s)

Counsel on record for the Appellant(s) : Rajiv Yadav for App. 1 Counsel on record for the Respondent(s) : C.K. Rai for Res. 1 Shri Venkatesh Shryeshth Ramesh Sharma Bharath Gangadharan Ashutosh Kumar Srivastava Nihal Bhardwaj Siddharth Nigotia Shivam Kumar Kartikay Trivedi Aashwyn Singh Punyam Bhutani Suhael Buttan Manu Tiwari Himangi Kapoor Vineet Kumar Nikunj Bhatnagar Aditya Tiwari Priya Dhankar Harsh Vardhan Anant Singh Abhishek Nangia Abhishek Nangia Kunal Veer Chopra Nehal Jain Vedant Choudhary Mohit Gupta for Res. 2 ORDER PER HON’BLE MR. VIRENDER BHAT, JUDICIAL MEMBER

1. By way of this common order, we propose to dispose off the three separate but identical applications filed on behalf of the Appellant – Association seeking permission to raise certain additional grounds of appeal by way of amendment in the memo of appeal.

2. In Appeal No. 275 of 2015, the Appellant Association has impugned the order dated 24^th August, 2015 of the 1^st Respondent – West Bengal Electricity Regulatory Commission (hereinafter referred to as “the Commission”) whereby the Commission determined the Annual Revenue Requirement (ARR) of 2^nd Respondent – Damodar Valley Corporation (in short “DVC”) for Financial Years 2009 to 2014 and retail tariff for the Financial Years 2013-14 with respect to supply of power by DVC to its consumers within its command area falling in the State of West Bengal.

3. In Appeal No. 22 of 2022, the Appellant -Association has assailed the tariff order dated 19^th March, 2020 passed by the 1^st Respondent whereby the Commission has fixed the retail tariff for Financial Years 2009 to 2013 for supply of power by DVC to its consumers within its command area falling in the State of West Bengal . In doing so, the Commission has proceeded on the basis of its previous order dated 24^th August, 2015 (impugned in Appeal No. 275 of 2015) whereby ARR of DVC was determined for the Financial Years 2009 to 2014.

4. In third Appeal, bearing No. 408 of 2022, the Appellant - Association has impugned the order dated 31^st May, 2021 passed by the Commission whereby the Commission has undertaken Annual Performance Revenue (APR) of DVC for Financial Years 2009 to 2013 with respect to supply of power by it to its consumers within its command area falling in the State of West Bengal.

5. By way of the amendment, the Appellant seeks to agitate following additional grounds in challenge to the respective orders impugned in the three appeals :-

(i) The Commission has erroneously treated the entire Transmission and Distribution (T&D) cost approved by Central Commission as recoverable from command area consumers in the States of West Bengal and Jhar