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GUJARAT HIGH COURT
Anant S. Dave, J
Hindalco Industries Limited – Appellant
Versus
Gujarat Electricity Regulatory Commission – Respondent
| Table of Content |
|---|
| 1. challenge to the regulations based on jurisdiction. (Para 1 , 2) |
| 2. description of the petitioners and their operations. (Para 3 , 4 , 5 , 6) |
| 3. arguments against gerc's authority and interpretation of the act. (Para 8 , 9 , 10 , 14) |
| 4. counterarguments by the respondent supporting the regulations. (Para 11 , 12) |
| 5. court's interpretation of s.86(1)(e) and its implications. (Para 18 , 19 , 20) |
| 6. final ruling dismissing all petitions. (Para 25 , 26) |
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 al
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