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CHHATTISGARH HIGH COURT
Sanjay K. Agrawal, J
Monnet Ispat and Energy Limited – Appellant
Versus
Chhattisgarh State Electricity Regulatory Commission – Respondent
| Table of Content |
|---|
| 1. validity of r.3(1)(a)(ii) of electricity rules. (Para 1 , 11 , 12) |
| 2. decision against regulatory invalidation. (Para 30 , 31 , 36) |
| 3. impact of natural justice in notice procedures. (Para 37 , 39 , 42) |
| 4. disposal and allowed conclusions from petitions. (Para 51) |
1. The main question involved in these writ petitions relates to the validity of R.3(1)(a)(ii) of the Electricity Rules, 2005 (the Rules).
2. THE FACTS
Monnet Ispat and Energy Limited (the petitioner) is a public company registered under the Companies Act. It entered into Memorandum Of Understanding (the MOU) with the State of Chhattisgarh on 21.05.2001, by which it was supposed to set up units to manufacture sponge iron, steel structural rolling mill, and ferro alloys at Raigarh (the Raigarh - unit) and Raipur (the Raipur - unit) districts. Subsequently, another MOU was entered on 04.05.2007, by which the petitioner was required to further invest in the units.
3. By the MOUs, the petitioner was also permitted to establish Captive Generating Plants (CGPs) at both places, referred to as the Raipur - CGP and the Raigarh - CGP.
4. The petitioner had planned to set the CGPs along with the units. The CGPs were i
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