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2025 Supreme(Online)(CERC) 216

CENTRAL ELECTRICITY REGULATORY COMMISSION
Petition under Section 79(1) (b) read with Section 79(1) (f) of the Electricity Act 2003 inter alia seeking reimbursement of the RLDC/ SLDC Charges from the Respondent and compensation on account of Change in Law events namely introduction of Composition User Fee and Jharkhand Mineral Bearing Land Cess Act 2024. Adhunik Power and Natural Resources Limited


ORDER

The Petitioner, Adhunik Power and Natural Resources Limited (hereinafter referred to as ‘Adhunik Power’) has filed the present Petition under Section 79(1) (b) read with Section 79(1) (f) of the Electricity Act, 2003 (hereinafter referred to as ‘the Act’) seeking reimbursement of the RLDC/ SLDC charges from the Respondents and compensation on account of the Change in Law events, namely, the introduction of Composition User Fee and Jharkhand Mineral Bearing Land Cess Act, 2024. Originally, the Petitioner had made the following prayers:

“a) Hold and direct that the Respondent No. 1 is liable to pay the amounts towards the System Operating Charges and Market Operating Charges (RLDC Charges) to the ERLDC in terms of the PPAs dated 18.12.2013 & 19.12.2013 & Supplementary PPAs dated 08.05.2018 and 10.05.2018;

b) Direct the Respondent No. 1 to pay the amount of Rs. 81,79,579/- towards reimbursement of System Operating Charges and Market Operating Charges (RLDC Charges) paid by the Petitioner to the ERLDC along with applicable Late Payment Surcharge under the PPAs till the disposal of the present Petition and to pay the Late Payment Surcharge till the date of realization of the amount;

c

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