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GUJARAT HIGH COURT
Anant S. Dave, J
Hindalco Industries Limited – Appellant
Versus
Gujarat Electricity Regulatory Commission – Respondent
Headnote: Read headnote
1. In all these nine petitions, the petitioners challenge the order dated 17.4.2010 and the regulations issued vide notification dated 17.4.2010, namely, the Gujarat Electricity Regulatory Commission (Procurement of Power from Renewable Sources] Regulations, 2010 (hereinafter referred to as 'the Regulations'] passed by the respondent, Gujarat Electricity Regulatory Commission, as being without jurisdiction, discriminatory, ultravires the Electricity Act, 2003 , amounting to unreasonable restriction and violative of Art.14 and Art.19(1)(g) of the Constitution of India. By the impugned order, the Gujarat Electricity Regulatory Commission, in exercise of power under S.86(1)(e) of the [for short, 'the Act'], has mandated all the petitioners, who are having 'captive power plant'[CPP] or 'captive generating plant'[CGP], to purchase electricity (in kWh) from renewable energy sources at a defined minimum percentage of their total consumption during a year, by treating them as 'Obligated Entities' and bringing them within the purview
Regulations mandating captive power plants to purchase renewable energy are lawful under the Electricity Act, promoting environmental sustainability without violating constitutional rights.
The Court upheld that available appellate remedies under the Electricity Act must be pursued before judicial intervention, affirming the Commission's non-compliance finding for RPPO obligations.
The regulation defining the threshold for captive generating plants was upheld as intra vires; notifications issued without adherence to natural justice were annulled.
Captive generating plants must ensure 26% ownership and 51% consumption by captive users, interpreted not only to include individuals but also legal entities as associations, ensuring compliance with....
Power purchase agreements must be aligned with regulatory frameworks and cannot be enforced if unapproved, particularly regarding classifications impacting fixed charges.
The Rajasthan Electricity Regulatory Commission's regulations on open access are valid, ensuring grid stability and fair competition, and do not violate statutory rights under the Electricity Act, 20....
Point of Law : Section 61 of Electricity Act, 2003 deals with tariff regulations and it empowers Regulatory Commission to specify terms and conditions for determination of tariff.
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