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Appeal No. 211 of 2018
Page 1
IN THE APPELLA TE TRIBUNAL FOR ELECTRICITY
(Appellate Jurisdiction)
Appeal No. 211 of 2018 & IA No. 995 of 2018
Dated: 14th July, 2021
Present: Hon`ble Mrs. Justice Manjula Chellur, Chairperson
Hon`ble Mr. Ravindra Kumar Verma, Technical Member
In the matter of:
Tata Prasanna Kumar
S/o Tata Srinivasa Shetty,
Jyothi Nilayam, Sreenidhi Layout,
Tumakuru – 572 102
Karnataka
.…
Appellant(s)
Versus
1.
2.
Karnataka
Electricity
Regulatory
Commission
No. 16 C-1, Miller Tank Bed Area,
Vasanth Nagar, Bengaluru- 560 052
Karnataka
Bangalore Electricity Supply Company
Ltd.
Corporate Office, K.R. Circle,
Bengaluru – 560 001
Karnataka
.…
.…
Respondent No.1
Respondent No.2
Counsel for the Appellant (s)
:
Mr. Basava Prabhu S. Patil, Sr. Adv.
Ms. Neha Garg
Counsel for the Respondent (s) :
Mr. Balaji Srinivasan, Sr. Adv.
Mr. H Shanti Bhushan, Sr. Adv.
Mr. Vibhav Kumar Srivastava For R-2
Appeal No. 211 of 2018
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JUDGMENT
PER HON’BLE MR. RAVINDRA KUMAR VERMA, TECHNICAL
MEMBER
1. This Appeal is filed against the order dated 05/07/2018 passed by
the Karnataka Electricity Regulatory Commission (hereinafter
referred to as “State Commission”) in O.P No. 136 of 2017
whereby the State Commission has reduced the tariff of the Solar
Rooftop Plants installed by the Appellant from Rs. 9.56/unit to Rs.
5.20/unit for the life of the PPA i.e 25 years.
2. Tata Prasanna Kumar, the Appellant through his proprietor
concerns i.e Jyothi Enterprises and Jyothi Bio-Fuels, is engaged in
the business of storage of dry husk and preparation of briquettes for
supply to various industries.
3. The first Respondent i.e. Karnataka
Electricity
Regulatory
Commission for the State of Karnataka exercising powers and
discharging functions under the provisions of the Electricity Act,
2003.
4. The Respondent No. 2 – Bangalore Electricity Supply Company
Limited (hereinafter referred to as “BESCOM”) is one of the
distribution companies in the State of Karnataka.
5.
Prayer of the Appellant
Appeal No. 211 of 2018
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(a) Allow the appeal and set aside the order dated 05/07/2018
passed by the State Commission to the extent challenged in
the present appeal;
(b) Direct BESCOM to pay the arrears of electricity charges at the
agreed rate in PPA of Rs. 9.56/unit from the date of supply
along with the agreed upon interest for the belated period;
(c) Pass such other Order(s) and this Hon’ble Tribunal may deem
just and proper.
Facts of the case:
6. The Appellant had obtained permission to convert his agricultural
land for industrial purposes so as to carry out business in storage of
dry husk in 20.04.1994 and after obtaining sanction of plan from the
Town Municipal Council, Pavagada, (PMC) constructed and
completed building and industrial sheds on such land on
27.03.2015, as confirmed by the Town Municipal Council on
10.04.2015, which demanded and collected applicable property tax.
7. The construction of the industrial shed in the property of the
Appellant was completed as per the approved sanction plan by
PMC.
8. The State Commission, Respondent No. 1, is the Regulatory
Commission for the State of Karnataka, exercises powers and
discharges functions under the provisions of the Electricity Act,
2003.
Appeal No. 211 of 2018
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9. The Respondent No. 2 – Bangalore Electricity Supply Company
Limited (BESCOM) is one of the distribution companies in the State
of Karnataka.
10. On 10.10.2013, the State Commission passed a Tariff Order (2013
Tariff Order) wherein the State Commission determined Tariff for
various kinds of Solar Power Projects including SRTP Projects in
the State of Karnataka. The Tariff Order was made applicable for
projects entering into PPA’s on or after 01.04.2013 and
commissioning upto 31.03.2018. KERC in the Tariff Order
specifically recorded that whi
