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2024 Supreme(Online)(APTEL) 77

APPELLATE TRIBUNAL FOR ELECTRICITY
UTTAR PRADESH POWER CORPORATION LIMITED. – Appellant
Versus
PRAYAGRAJ POWER GENERATION COMPANY LIMITED & Anr – Respondent


J U D G M E N T

PER HON’BLE MR. VIRENDER BHAT, JUDICIAL MEMBER

1. The appellants have come in appeal before us against the order dated 18.08.2021 passed by the 2nd respondent Uttar Pradesh Electricity Regulatory Commission (hereinafter referred to as “the Commission”) whereby it held the notification dated 07.12.2015 read with subsequent notification dated 28.06.2018 issued by the Ministry of Environment, Forest and Climate Change (hereinafter referred to as “MoEF&CC”) as a change in law event for the 1st respondent Prayagraj Power Generation Company Limited’s 1980 MW thermal power plant at Bara, Allahabad, Uttar Pradesh. These notifications specified emission norms with regard to Sulphur Dioxide (SO2), Nitrogen Oxide (NO2) and Particulate Matter (PM) for Thermal Power Plants (TPPs).

2. The appellant No.1 Uttar Pradesh Power Corporation Limited (hereinafter referred to as “UPPCL”) is a public sector undertaking and a government company in terms of Companies Act, 2013. It is operating as bulk supply licensee and is authorised by appellant Nos.2 to 6 to, inter alia, enter into Power Purchase Agreement (“PPA”) on their behalf. Appellant Nos. 2 to 6 are the power distribution companies o

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