Advocates:
HEMANTIKA WAHI

MA 2705-06/2018

1

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

M.A. Nos.2705-2706 of 2018

In

Civil Appeal Nos.5399-5400 of 2016

Energy Watchdog

Appellant(s)

Versus

Central Electricity Regulatory Commission

Respondent(s)

and Others

O R D E R

Having heard learned counsel for the parties,

including the learned Attorney General appearing for the

State of Gujarat, we allow the application for impleadment of

the State of Gujarat. We are of the view that, having perused

the High Power Committee’s report, which was given after our

judgment dated 11^th April, 2017, it will be open to the

applicants to approach the Central Electricity Regulatory

Commission (C.E.R.C.) for approval of the proposed amendments

to be made to the Power Purchase Agreements (PPAs) in

question.

We make it clear that our judgment will not stand in

the way of maintaining such applications. We also make it

clear that each of the consumer groups, who had appeared

Digitally signed by

CHETAN KUMAR

Date: 2018.11.12

16:05:56 IST

Reason:

Signature Not Verified

MA 2705-06/2018

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before us and who have appeared before us today, will be

heard on all objections that they may make to the proposed

amendments to the PPA, after which, it will be open to the

C.E.R.C. to decide the matter in accordance with law. Given

the conclusions in the High Power Committee report, we are of

the view that the C.E.R.C. should decide this matter as

expeditiously as possible, and definitely within a period of

eight weeks from today.

The miscellaneous applications are disposed of

accordingly.

Pending applications, if any, stand disposed of.

.....................J.

[Rohinton Fali Nariman]

....................J.

[Navin Sinha]

New Delhi

October 29, 2018.

MA 2705-06/2018

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ITEM NO.52+54 COURT NO.8 SECTION XVII

S U P R E M E C O U R T O F I N D I A

RECORD OF PROCEEDINGS

M.A. Nos.2705-2706/2018 in Civil Appeal Nos.5399-5400/2016

ENERGY WATCHDOG Petitioner(s)

VERSUS

CENTRAL ELECTRICITY REGULATORY COMMISSION & ORS. Respondent(s)

(With appln.(s) for permission to file impleadment and directions

and clarifications)

WITH Contempt Petition (Civil) Diary No.39296/2018

(With appln.(s) for permission to file contempt petition)

Date : 29-10-2018 These matters were called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN

HON'BLE MR. JUSTICE NAVIN SINHA

For Petitioner(s)

Mr. K.K. Venugopal, AG

Mr. Mukul Rohatgi, Sr. Adv.

Ms. Hemantika Wahi, AOR

Ms. Jesal Wahi, Adv.

Ms. Puja Singh, Adv.

Ms. Vishakha, Adv.

D.No.39296/2018

Mr. V. Shekhar, Sr. Adv.

Mr. Pankaj Sharma, Adv.

Mr. Shobhit Gaur, Adv.

Mr. Prithviraj Singh, Adv.

Mr. Sashank Shekhar, Adv.

Mr. Manjeet Kirpal, AOR

For Respondent(s)

Dr. A.M. Singhvi, Sr. Adv.

Mr. Amit Kapur, Adv.

Mr. Abhishek Munot, Adv.

Mr. Kunal Kaul, Adv.

Mr. Pukhrambam Ramesh Kumar, AOR

Mr. K. Amrit Kumar Sharma, Adv.

MA 2705-06/2018

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Mr. Nikhil Nayyar, AOR

Mr. N. Sai Vinod, Adv.

Mr. Dhananjay Baijal, Adv.

Mr. Divyanshu Rai, Adv.

Mr. Naveen Hegde, Adv.

Mr. G. Umapathy, Adv.

Mr. Rakesh K. Sharma, Adv.

Mr. Aditya Singh, Adv.

Ms. Ashwati Balraj, Adv.

Mrs. Manik karanjawala, Adv.

M/s. Karanjawala & Co.

Mr. V. Giri, Sr. Adv.

Mr. K.V. Mohan, Adv.

Mr. Anand K. Ganesan, Adv.

Mr. Nikunj Dayal, Adv.

Mr. Pramod Dayal, Adv.

Mr. Payal Dayal, Adv.

Mr. K.V. Vishwanathan, Sr. Adv.

Mr. Mahesh Agarwal, Adv.

Ms. Neeha Nagpal, Adv.

Ms. Poonam Verma, Adv.

Mr. Malav Deliwala, Adv.

Mr. Abiha Zaidi, Adv.

Mr. E.C. Agrawala, Adv.

Mr. Tushar Mehta, SG

Mr. Sanjay Kapur, AOR

Ms. Megha Karnwal, Adv.

Ms. Sheena Taqui, Adv.

Ms. Mansi Kapur, Adv.

UPON hearing the counsel the Court made the following

O R D E R

M.A. Nos.2705-2706/2018 in Civil Appeal Nos.5399-5400/2016

The miscellaneous applications ar