O R D E R

Shri Kaurav, learned Sr.Counsel at the outset submits that although as per Sec.111 of the Electricity Act, 2003 (Act of 2003) there exists an alternative remedy of appeal, this petition may be entertained because said remedy is not efficacious in nature.

[2] To elaborate, it is submitted that the petitioner and respondent No.2 both are admittedly “utility” and “licensees”. An electricity line was required to be laid by petitioner in western region between Indore and Ujjain (distance is 45 kms). The cut-off date initially fixed was 28/7/2018 to complete the said work which was admittedly extended till 11/1/2019. Sec.9 of the Act of 2003 describes functions of Central Commission. Power to make regulations are mentioned in Sec.178. Sec.179 makes it obligatory to place the regulations in the floor of parliament. The Central Electricity Regulatory Commission (Commission) was required to take a decision as per Regulations of 2014. The commission by impugned order dated 27/1/2020 erred in issuing the following directions:-

“Sharing of Transmission Charges

70. In case of Assets-1A, 1B and Asset-2, the transmission charges from their COD, i.e. 12.8.2018, 12.8.2018 and 2.8.2018 respect