Electricity Act, 2003

Jaipur Vidyut Vitran Nigam Ltd. (JVVNL) entered into a Power Purchase Agreement (PPA) with Adani Power Rajasthan Ltd. (APRL) in 2010, basing the tariff on domestic coal supply. APRL later claimed additional compensation under the PPA’s change‑in‑law clause after the New Coal Distribution Policy of 2013 reduced the assu…

The appellants, large industrial consumers and captive power generators, challenged the Rajasthan Electricity Regulatory Commission's (RERC) 2016 Open Access Regulations, alleging that they exceeded RERC's jurisdiction over inter‑state open access, imposed unreasonable penalties for drawal variations, required a 24‑hou…

The Kerala State Electricity Board (KSEB) procured power through competitive bidding but accepted tariffs and quantities that deviated from standard bidding guidelines, leading to the execution of Power Supply Agreements (PSAs) for 865 MW. KSEB sought approval of these PSAs from the Kerala State Electricity Regulatory …

The Jharkhand State Electricity Board (the Board) entered into an initial agreement with M/s Ramkrishna Forging Ltd. (the respondent) on 14 April 2004 for a 325 KVA high‑tension supply, which was subsequently enhanced to 4000 KVA through a series of supplemental agreements. In September 2007 the respondent sought to re…

The Supreme Court examined three sets of appeals filed by Transmission Corporation of Andhra Pradesh Ltd. (APTRANSCO) against orders of the Andhra Pradesh Electricity Regulatory Commission (APERC) fixing wheeling charges, grid support charges, and the continuation of incentives for non‑conventional energy. The Court he…

Jindal Steel and Power Ltd. (JSPL) sought a distribution licence for its captive power plant to supply electricity to an industrial park and two villages in Raigarh, Chhattisgarh. The State Electricity Regulatory Commission granted the licence, but the Appellate Tribunal later cancelled it on the ground that JSPL did n…

NTPC Ltd., a government‑owned power generator, supplied electricity to Madhya Pradesh, Punjab and Delhi electricity boards and later sought a tariff determination from the Central Electricity Regulatory Commission (CERC). CERC fixed a final tariff lower than the provisional tariff, finding that NTPC had collected exces…

The appellant, KKK Hydro Power Ltd, entered into a 3 MW power purchase agreement (PPA) with HPSEB in 2000 fixing a tariff of ₹2.50/kWh, later augmenting the project to 4.90 MW and attempting to raise the tariff to ₹2.95/kWh through a supplementary PPA in 2010 without the Himachal Pradesh Electricity Regulatory Commissi…

The Supreme Court considered appeals by Jaipur Vidyut Vitaran Nigam Ltd. and other distribution licensees challenging an Appellate Tribunal for Electricity (APTEL) order that set aside the Rajasthan Electricity Regulatory Commission's (State Commission) determination of Cross‑Subsidy Surcharges (CSS) effective 1 Decemb…

The appellants, consumers of electricity, were accused of theft of electricity and the State Electricity Board lodged a complaint that led to an FIR under Sections 135/126 of the Electricity Act, 2003. The Special Judge took cognizance of the offence, but the appellants challenged the jurisdiction, arguing that an Assi…

The Jharkhand State Electricity Board (JSEB) appealed against a High Court order directing it to refund excess amounts charged to two high‑tension consumers under a 1994 agreement. The consumers had paid the bills under protest, arguing that after the Electricity Act, 2003, tariff power shifted exclusively to the State…

Century Rayon Ltd (appellant) sought to erect 100 kV electricity transmission towers on land owned by IVP Ltd (first respondent) under a sanction from MSEDC. IVP Ltd filed a suit for permanent injunction alleging the contractors were excavating its land without permission. The trial court and High Court imposed a tempo…

The appellant, Bangalore Electricity Supply Company Ltd., entered into a Power Purchase Agreement (PPA) with a solar project SPV and a farmer under Karnataka's solar policy, requiring commercial operation within 18 months. Delays occurred in land conversion, evacuation approvals, and other regulatory processes, leading…

The Bihar State Electricity Board (BSEB) disconnected the high‑tension electricity supply to Iceberg Industries Ltd. after the company failed to pay the Annual Minimum Guarantee (AMG) and other charges, despite the company’s request for payment in instalments and a stay order from the Consumer Grievances Redressal Foru…

The appellant Gujarat Urja Vikas Nigam Ltd. entered into a Power Purchase Agreement (PPA) with Solar Semiconductor Power Co. for a solar project, which stipulated a specific tariff and a control period ending on 28‑Jan‑2012. The respondent sought an extension of this control period, arguing that the Gujarat Electricity…

Gujarat Urja Vikas Nigam Ltd (GUVNL), successor to Gujarat Electricity Board, entered into a power purchase agreement (PPA) with Essar Power Ltd (EPL) for 300 MW of a 515 MW plant, while EPL had a separate PPA with its sister company Essar Steel Ltd (ESL) for the remaining 215 MW. EPL repeatedly supplied electricity to…

The case concerned a 10 MW solar power project where Chamundeshwari Electricity Supply Company Ltd. (CESC) entered into a Power Purchase Agreement (PPA) with Saisudhir Energy (Chitradurga) Pvt. Ltd. (the Developer) and relied on Karnataka Power Transmission Corporation Ltd. (KPTCL) to commission two 220 kV evacuation l…

Madhya Pradesh Power Management Co. Ltd. (appellant) and Dhar Wind Power Projects Pvt. Ltd. (respondent) disputed which tariff rate applied to a 12‑15 MW wind project. The 2013 Tariff Order fixed a rate of Rs 5.92 per unit for projects commissioned up to 31 March 2016, while the 2016 Tariff Order reduced the rate to Rs…

The appellant, a developer of a single‑unit Special Economic Zone (SEZ), entered into a power purchase agreement (PPA) with Sterlite Energy to obtain electricity for its plant and was directed by the Odisha Electricity Regulatory Commission to pay a cross‑subsidy surcharge (CSS) to WESCO, the distribution licensee in t…

The dispute concerned whether Adani Power Ltd. was entitled to an adjustment in its monthly tariff payments – including carrying costs – after the Ministry of Commerce and Industry withdrew SEZ duty and service‑tax exemptions in 2015‑16. The parties relied on Article 13 of their Power Purchase Agreements, which provide…

Uttar Haryana Bijli Vitran Nigam Ltd. (UHBVNL) and another distribution licensee appealed against the Appellate Tribunal's order granting Adani Power (Mundra) Ltd. carrying cost with compound interest arising from a Change in Law event that required installation of a Flue Gas Desulfurization (FGD) unit. The appellants …

The Tata Power Company sought to compel the Maharashtra Electricity Regulatory Commission (MERC) to award a transmission licence for a 1000 MW HVDC project through the tariff‑based competitive bidding (TBCB) route under Section 63 of the Electricity Act, 2003. MERC granted the licence using the regulated tariff mechani…

The appellant, an officer of the Southern Power Distribution of Telangana Limited, filed a criminal appeal against the High Court’s order that quashed proceedings for electricity theft under the Electricity Act, 2003. The respondent had allegedly tampered with an electricity meter, leading to a loss of Rs.6.28 lakh, an…

The Damodar Valley Corporation (DVC), incorporated under the 1948 Act, had notified its own tariff before the Electricity Act, 2003 came into force. After the 2003 Act, the Central Electricity Regulatory Commission (CERC) issued a tariff order, which DVC challenged before the Appellate Tribunal. The Tribunal held that …

The dispute arose from a Coal India notification dated 19‑12‑2017 imposing Evacuation Facility Charges (EFC) on coal dispatches, which the power generator (Adani Power Rajasthan Ltd.) claimed constituted a "change in law" under the Power Purchase Agreement (PPA) with the Rajasthan distribution companies. The generator …

The Madhya Pradesh Electricity Board entered into a Power Purchase Agreement (PPA) with Narmada Equipments in 1999, which was terminated in 2001. The PPA contained an arbitration clause. In 2011 Narmada invoked the clause and, after receiving no response, filed an application under Section 11(6) of the Arbitration and …

M/s Suryachakra Power Corporation Ltd filed an appeal to the Supreme Court under Section 125 of the Electricity Act, 2003 against a decision of the Appellate Tribunal for Electricity. The appeal was filed 161 days after the Tribunal's order, exceeding the 60‑day statutory period and the additional 60‑day discretionary …

The West Bengal Electricity Regulatory Commission (WBERC) appealed an order of the Appellate Tribunal for Electricity that had remanded the determination of wheeling charges for Hindalco Industries Ltd. for the year 2005‑06. Hindalco argued that no units of power were wheeled during that period, so no wheeling charges …

Mis. Jayasawals NECO Ltd., a power‑intensive industry, challenged the Chhattisgarh State Electricity Regulatory Commission’s imposition of minimum monthly charges based on a 30% load‑factor for FY 2005‑2006. The Commission, after reviewing the appellant’s consumption pattern, reduced the minimum charge to 10% load‑fact…

The West Bengal State Electricity Distribution Company Ltd. (appellant) supplied power to Orion Metal Pvt. Ltd. (respondent) and, after an inspection revealed a tampered meter, alleged theft of electricity and made a provisional assessment under Section 126(1) of the Electricity Act, 2003 for loss of energy amounting t…

The petitioners sought a blanket prohibition on the installation of overhead transmission lines for solar power across roughly 99,000 square kilometres in Rajasthan and Gujarat, arguing that such lines threaten the critically endangered Great Indian Bustard (GIB). The Supreme Court had earlier ordered the conversion of…

Reliance Infrastructure Ltd (RInfra) challenged Regulation 44.2(d) of the MERC (Multi Year Tariff) Regulations, 2011, which imposed a stricter Station Heat Rate (SHR) on its Dahanu thermal power station than on other units. RInfra filed a writ petition under Article 226 of the Constitution while an appeal against MERC’…

The case concerned a rice mill that consumed electricity beyond its contracted load, leading the Executive Engineer to issue a provisional assessment under Section 126 of the Electricity Act, 2003. The mill challenged the assessment and the accompanying notice of "unauthorised use" before the High Court, arguing lack o…

The appellants, Uttar Haryana Bijli Vitran Nigam Ltd. and another, entered into power purchase agreements with Adani Power (Mundra) Ltd. for supply of electricity. Adani Power claimed compensation under the "change in law" provision of the agreements, citing the 2007 New Coal Distribution Policy and a 2013 Coal India L…

Uttar Haryana Bijli Vitran Nigam Ltd. and Dakshin Haryana Bijli Vitran Nigam Ltd. (collectively, Haryana Utilities) had entered Power Purchase Agreements with Adani Power Mundra Ltd. (APML) for 1,424 MW of power. APML claimed relief under the "Change in Law" clause of the PPAs, alleging a shortfall of domestic coal cau…

The appellants, Uttar Haryana Bijli Vitran Nigam Ltd and Dakshin Haryana Bijli Vitran Nigam Ltd, entered into PPAs with Adani Power (Mundra) Ltd for 1424 MW of capacity. After the Ministry of Coal introduced the SHAKTI Policy in 2017, which altered the assured coal quantity (ACQ) entitlement, Adani Power claimed a shor…

Maharashtra State Electricity Distribution Co. Ltd. (MSEDCL) and ADANI Power Maharashtra Ltd. (APML) entered into four long‑term power purchase agreements. APML claimed compensation for a "change in law" after the Ministry of Coal introduced the New Coal Distribution Policy 2013 and later the SHAKTI Policy, which alter…

Maharashtra State Electricity Distribution Company Ltd (MSEDCL) appealed against the Appellate Tribunal for Electricity’s (APTEL) order that held the deallocation of the Lohara Coal Blocks was a ‘Change in Law’ event under the Power Project Agreements (PPAs) and entitled Adani Power Maharashtra Ltd (APML) to restitutio…

The Supreme Court examined a batch of appeals arising from Power Purchase Agreements (PPAs) between GMR Warora Energy Ltd. (the generator) and various distribution companies, challenging the classification of several post‑cut‑off charges as ‘Change in Law’ events and the computation of carrying cost interest. The Court…

The Kerala State Electricity Regulatory Commission issued a tariff notification that placed Self‑Financing Educational Institutions (SFEIs) under the "commercial" tariff category, imposing higher rates than those applicable to government‑run and aided institutions. The SFEIs challenged the classification on grounds of …

The appellant, Rajesh Awasthi, was appointed Chairperson of the Uttar Pradesh State Electricity Regulatory Commission after a Selection Committee forwarded his name with a note that the government must first ensure compliance with Section 85(5) of the Electricity Act, 2003. The petitioner challenged the appointment, ar…

The case concerned compensation disputes arising from the erection of transmission towers and power lines under a 400 kV project that traversed four districts in Haryana. Landowners claimed that the compensation awarded by the District Judges and upheld by the High Court was inadequate, while the contractor sought to l…

Nabha Power Ltd (NPL) and Talwandi Sabo Power Ltd (TSPL) entered into Power Purchase Agreements (PPA) with Punjab State Power Corporation Ltd (PSPCL) for a 700 MW coal‑fired project. They claimed that deemed export benefits under Paragraph 8.3 of the Foreign Trade Policy (FTP) 2009‑2014 were available at the bid cut‑of…

The appellants, arc‑furnace industries established before June 1995, were required to shift their power supply from 11 kV to 66 kV or pay a surcharge of 17.5% under a 1995 circular. A 1999 circular exempted pre‑1995 units from both conversion and surcharge. After the Electricity Act, 2003 came into force, the Punjab St…

The Supreme Court examined a batch of appeals concerning whether electricity arrears of a previous owner can be recovered from a subsequent owner who acquired the premises through auction or other transfers. It held that the duty of a distribution licensee to supply electricity under Section 43 of the Electricity Act, …

The Airports Economic Regulatory Authority of India (AERA) determined tariffs for aeronautical services, which were challenged before the Telecom Disputes Settlement and Appellate Tribunal (TDSAT). AERA then filed appeals under Section 31 of the Airports Economic Regulatory Authority Act, 2008, seeking to contest TDSAT…

BSES Rajdhani Power Ltd. and BSES Yamuna Power Ltd., distribution licensees in Delhi, challenged the Delhi Electricity Regulatory Commission’s (DERC) tariff orders that altered the methodology for computing AT&C losses, depreciation, FR/SR salaries, fringe benefit tax, and interest on consumer security deposits during …

The appellant U.P. Power Corporation Ltd. challenged the Central Electricity Regulatory Commission’s (CERC) approval of additional capitalisation of Rs 4.521 crore for a thermal power plant taken over by NTPC Ltd. The CERC had allowed the excess expenditure despite the requirement in Regulation 2.5 of its Tariff Regula…

The dispute concerned Ajmer Vidyut Vitran Nigam Ltd (the licensee) seeking to recover an additional electricity demand raised after discovering that earlier bills had been issued under a wrong tariff code. The consumer challenged the demand, arguing it was time‑barred under Section 56(2) of the Electricity Act, 2003. T…

A four‑year‑old boy was electrocuted when a live wire fell on his roof, resulting in triple amputation and 100% permanent disability. The parents sued Uttar Haryana Bijli Vitran Nigam Ltd. under Section 68 of the Electricity Act, 2003 for compensation. The Single Judge of the High Court awarded Rs 60 lakhs, directing R…

Paschimanchal Vidyut Vitran Nigam Ltd (PVVNL) supplied electricity to Raman Ispat Pvt Ltd, which defaulted on payments. PVVNL attached the debtor's assets and, after the corporate insolvency resolution failed, the matter proceeded to liquidation under the Insolvency and Bankruptcy Code (IBC). PVVNL contended that secti…

The appellant, Sundew Properties Ltd., was notified by the Ministry of Commerce & Industry as a developer of a Special Economic Zone (SEZ) and claimed that, under the 2010 Notification inserting a proviso to section 14(b) of the Electricity Act, it automatically became a deemed distribution licensee without needing to …

The Petroleum and Natural Gas Regulatory Board (PNGRB) conducted the ninth round of bidding for city or local natural gas distribution networks (CGD) in 2018. After opening technical bids, the Board introduced an internal note on 23 July 2018 that suggested a 2%–100% range of total households (based on the 2011 Census)…

The Kerala State Electricity Board (KSEB) appealed against a Kerala High Court judgment that held excess consumption of electricity within the same premises and tariff does not constitute "unauthorised use" for the purpose of imposing a double‑tariff penalty. The Supreme Court examined whether drawing electricity beyon…

The Supreme Court examined whether the Power Purchase Agreement (PPA) between M.P. Power Management Company Limited (the appellant) and Sky Power Southeast Solar India Private Limited (the first respondent) was a statutory contract under the Electricity Act, 2003 and whether the appellant’s termination of the PPA compl…

The dispute involved the A.P. Power Coordination Committee and related entities (appellants) and M/s. LanCo Kondapalli Power Ltd. (respondent) over capacity‑charge bills and a claim for reimbursement of Minimum Alternate Tax (MAT) under their Power Purchase Agreement (PPA). The key questions were whether the Limitation…

The Himachal Pradesh government entered into an Implementation Agreement with JSW Hydro Energy Ltd (formerly JIL) to supply 12% free power for the first 12 years and 18% thereafter from a 1045 MW hydro project. When the free‑power obligation rose above the 13% cap prescribed in CERC (Terms and Conditions of Tariff) Reg…

The appellant, Transmission Corporation of Andhra Pradesh Ltd., challenged the respondent GMR Vemagiri Power Generation Ltd.'s use of Regasified Liquefied Natural Gas (RLNG) under a Power Purchase Agreement (PPA) originally amended to specify "fuel" as "natural gas only". The Supreme Court examined whether the term "fu…

Power Grid Corporation of India Ltd (the appellant) sought CERC orders to approve the commercial operation date of its inter‑state transmission assets and to recover compensation for delays caused by Madhya Pradesh Power Transmission Company Ltd (respondent No.1). CERC, exercising powers under s.79(1) of the Electricit…

The Chhattisgarh State Electricity Board (CSEB) appealed an order of the Appellate Tribunal for Electricity dated 17 May 2007, filing the appeal on 24 December 2007 and seeking condonation of a 160‑day delay. The Court was asked to decide (i) whether Section 5 of the Limitation Act, 1963 could be invoked to extend the …

PTC India Ltd and other traders challenged the Central Electricity Regulatory Commission's (CERC) Fixation of Trading Margin Regulations, 2006, alleging they were ultra vires. They appealed to the Appellate Tribunal for Electricity, which dismissed the appeal, directing them to seek judicial review. The Supreme Court e…

The Maharashtra State Electricity Distribution Co. (the Board) replaced a meter at a consumer’s oil mill and later discovered tampering, leading it to issue a provisional assessment under Section 126 of the Electricity Act, 2003 for unauthorized use of electricity. The consumer challenged the assessment in writ petitio…

The Supreme Court examined a dispute where Power Grid Corporation of India Ltd sought to erect transmission towers on land leased to Century Textiles & Industries Ltd for limestone mining. Century argued that Power Grid lacked prior consent under the Works of Licencees Rules, 2006 and that the towers would render the m…

The Supreme Court examined a petition filed by an individual (respondent No.4) before the Uttar Pradesh Electricity Regulatory Commission (UPERC) seeking an investigation under Section 128 of the Electricity Act, 2003 into a Distribution Franchisee Agreement (DFA) between Torrent Power Limited (the appellant) and the d…

The Himachal Pradesh Power Transmission Corporation Ltd (HPPTC) built a 66 kV Bay at Urni for three generating companies and sought the full construction cost from Brua Hydrowatt Pvt Ltd (BHP), the lead partner, under a Connection Agreement dated 02‑07‑2021. BHP argued that the cost should be shared proportionately wit…

The case involves multiple appeals arising from a Delhi High Court judgment concerning the division of powers between the Government of National Capital Territory of Delhi (GNCTD) and the Lieutenant Governor (LG) under Article 239AA of the Constitution. The Supreme Court Constitution Bench had earlier interpreted Artic…

The Supreme Court considered appeals by Hindustan Zinc Ltd. and other captive power generators challenging the Rajasthan Electricity Regulatory Commission’s (RERC) Renewable Energy Obligation Regulations of 2007 and 2010, which require them to purchase a minimum quantum of electricity from renewable sources. The appell…

The Supreme Court examined a dispute between Gujarat Urja Vikas Nigam Ltd (the appellant) and wind power developers over a Power Purchase Agreement (PPA) executed on 29‑03‑2012 under the REC Regulations, 2010. The respondents sought to have the tariff in the PPA revised after the Central Electricity Regulatory Commissi…

Vidarbha Industries Power Ltd., a power generating company, sought a stay of the Corporate Insolvency Resolution Process (CIRP) initiated by its financial creditor, Axis Bank Ltd., arguing that pending regulatory disputes and a favourable APTEL award of Rs.1,730 crore rendered the admission of the petition inappropriat…

The Supreme Court examined whether a captive generation plant owned by Shri Bajrang Power and Ispat Ltd (SBPIL) could supply electricity to its sister concern Shri Bajrang Metallics and Power Ltd (SBMPL) through the transmission system of Chhattisgarh State Power Distribution Company Ltd (CSPDCL). The Court held that t…

A fire broke out on 10 April 2006 at the India Brand Consumer Show in Meerut, killing 65 people and injuring 161. The victims filed a writ petition under Article 32 seeking compensation from the event organizers (Mrinal Events and Expositions) and the State of Uttar Pradesh, alleging negligence and violation of the rig…

The Supreme Court examined whether Section 84(2) of the Electricity Act, 2003 obliges a High Court Judge to be appointed as Chairperson of a State Electricity Regulatory Commission and whether a member of law is required on the Commission. By interpreting the statutory language, the Court held that Section 84(2) is mer…

The appellant, a consumer of electricity, was issued a bill of Rs.3,54,598.21 by BSES for alleged theft of electricity and a FIR was filed against him under Section 135 of the Electricity Act, 2003. The parties later settled the dispute in a Special Lok Adalat, agreeing on a payment of Rs.1,60,000, and the appellant fi…

The Cellular Operators Association of India and other telecom service providers challenged the Telecom Consumers Protection (Ninth Amendment) Regulations, 2015, which required service providers to credit Rs 1 to the calling consumer for each call drop (up to three per day). The Delhi High Court upheld the regulations, …

The Supreme Court examined appeals by power generators challenging the Central Electricity Regulatory Commission’s (CERC) refusal to grant compensatory tariff after a rise in Indonesian coal prices. The Court clarified that CERC’s authority to adopt or determine tariffs under Section 63 is derived from its general regu…

Maharashtra State Electricity Distribution Co. Ltd., a distribution licensee, sought to recover an additional surcharge under Section 42(4) of the Electricity Act, 2003 from a group of captive consumers represented by M/s JSW Steel Ltd. The State Commission had held the surcharge applicable, but the Appellate Tribunal …

Maharashtra State Electricity Distribution Co. Ltd (MSEDCL) entered into a 25‑year Power Purchase Agreement (PPA) with Ratnagiri Gas and Power Private Ltd (RGPPL) to purchase power. When domestic gas supplies fell short, RGPPL procured Recycled LNG (RLNG) from GAIL under a Gas Supply Agreement and declared capacity bas…

The appellant, North Eastern Electricity Supply Company of Orissa (NESCO), refused to supply electricity to a unit purchased at auction by the respondent, M/s Raghunath Paper Mills Pvt. Ltd., unless the arrears of electricity dues incurred by the previous owner were paid. The respondent filed a writ petition seeking a …

The dispute concerned the recovery of deductions from monthly tariff, specifically the cost of washing coal and the gross calorific value (GCV) under a power purchase agreement between Nabha Power Limited and Punjab State Power Corporation Limited (PSPCL). The Supreme Court had earlier, on 5 October 2017, ordered PSPCL…

The Supreme Court examined the eligibility criteria for a Captive Generating Plant (CGP) under the Electricity Act, 2003 and the Electricity Rules, 2005 in the appeal filed by M/s. Dakshin Gujarat Vij Company Ltd. against M/s. Gayatri Shakti Paper and Board Ltd. The Court clarified that a CGP qualifies only if the capt…

Gujarat Urja Vikas Nigam Ltd. (GUVNL) appealed against the Appellate Tribunal for Electricity’s order that Essar Power Ltd. (EPL) had no contractual duty to declare its generating capacity on a 300 MW : 215 MW (58 % : 42 %) basis. The Supreme Court examined the Power Purchase Agreement (PPA) and held that the agreement…

The Union of India (Northern Railways) sought to construct its own transmission lines to draw power directly from NTPC’s thermal power plants, alleging that the tariff charged by UP State Electricity Board (UPSEB) was excessive. UPSEB issued a notice demanding cessation of the construction, prompting the Railways to ch…

The dispute concerned the commercial operation date (COD) of Unit‑3 of the Sasan Ultra Mega Power Project under a Power Purchase Agreement (PPA) dated 7‑8‑2007. The procurers alleged that the generator had not met the PPA’s requirement of operating at least 95% of the contracted capacity for 72 consecutive hours, and t…

Maharashtra State Electricity Distribution Co. Ltd. (MSEDCL) appealed against the Maharashtra Electricity Regulatory Commission (MERC) and the Appellate Tribunal for Electricity (APTEL) which had ordered it to pay Late Payment Surcharge (LPS) to power generators based on the State Bank of India Prime Lending Rate (SBAR…

Maharashtra State Electricity Distribution Co. Ltd. (successor to MSEB) and its Chairman were accused by Datar Switchgear Ltd. of fabricating documents submitted to an arbitral tribunal, alleged to be offences under Sections 192 and 199 IPC read with Section 34. The High Court refused to quash the criminal complaint, p…

The Supreme Court considered two civil appeals challenging the Appellate Tribunal for Electricity's (APTEL) dismissal of appeals that upheld the Central Electricity Regulatory Commission's (CERC) orders directing Haryana utilities to pay supplementary bills for change‑in‑law adjustments. The disputes centered on whethe…

The Supreme Court examined a dispute between the Andhra Pradesh Transmission Corporation and several non‑conventional energy developers over the purchase price of electricity and the restriction on third‑party sales imposed by the Andhra Pradesh Electricity Regulatory Commission (APERC). The developers had entered into…

Indian Railways sought open access to procure 100 MW of power and claimed it is a deemed distribution licensee (DDL) under the Electricity Act, 2003, thereby exempt from cross‑subsidy surcharge (CSS) and additional surcharge. The dispute centered on whether activities under sections 11(g) and 11(h) of the Railways Act …

The appellants, guarantors of a term loan granted by the Haryana State Industrial and Infrastructure Development Corporation (HSIDC) to Khemka Ispat Ltd, faced recovery notices under the Haryana Public Moneys (Recovery of Dues) Act, 1979 and the State Financial Corporation Act, 1951 after the loan defaulted. They conte…

The appellant, Brihanmumbai Electricity Supply and Transport Undertaking (BEST), challenged an order of the Maharashtra Electricity Regulatory Commission (MERC) directing Tata Power Company Limited (TPC) to supply electricity to a consumer who wished to switch from BEST. The issues were whether MERC had jurisdiction to…

Gujarat Urja Vikas Nigam Ltd (GUVNL) allocated a 25‑MW solar project to Astonfield Solar (the corporate debtor) under a 25‑year Power Purchase Agreement (PPA) executed in 2010. After severe flood damage the plant operated at a fraction of capacity and the corporate debtor was declared a non‑performing asset, prompting …

The Rajasthan Electricity Regulatory Commission (State Commission) was asked to approve the procurement of 1,000 MW of power through a competitive bidding process. After negotiations, the Commission approved only 500 MW and adopted the tariffs of the lowest bidders, while the higher‑priced bids of L‑4 and L‑5 were reje…

The Delhi Electricity Regulatory Commission (Commission) approved a power purchase agreement (PPA) for the Rithala Combined Cycle Power Plant with a six‑year operational period, after which the plant ceased supplying electricity in March 2018. Tata Power Delhi Distribution Limited (TPDDL) later sought to recover the re…

L.M.L. Ltd., a two-wheeler manufacturer, was declared a Relief Undertaking and later a Sick Company due to market downturn. It applied to Kanpur Electricity Supply Co. Ltd. (KESCO) for reduction of its contracted load from 8 MVA to 1.25 MVA effective 1 April 2006, a decision approved by the Uttar Pradesh Electricity Re…

The Securities and Exchange Board of India (SEBI) issued an administrative circular under Section 11(1) of the SEBI Act to curb dematerialisation charges. National Securities Depository Ltd. (NSDL) challenged the circular, arguing that it could not be appealed before the Securities Appellate Tribunal (SAT) under Sectio…

The Supreme Court examined whether the Telecom Disputes Settlement and Appellate Tribunal (TDSAT) could entertain challenges to regulations made by the Telecom Regulatory Authority of India (TRAI) under Section 36 of the Telecom Regulatory Authority of India Act, 1997. It held that the power conferred on TRAI by Sectio…

The three Delhi distribution companies (BSES Rajdhani Power Ltd., BSES Yamuna Power Ltd., and Tata Power Delhi Distribution Ltd.) challenged the Delhi Electricity Regulatory Commission’s (DERC) tariff orders that created and perpetuated a large regulatory asset to bridge revenue gaps, which had ballooned to over Rs 27,…

The Assistant Commissioner (CT) LTU Kakinada appealed against a High Court order that had quashed an assessment under the Andhra Pradesh Value Added Tax Act, 2005 because the statutory appeal was filed after the 60‑day limitation period. The High Court had allowed the writ petition under Article 226, holding that the s…

The Gujarat Electricity Board (Gujarat Urja) and CLP India entered into a 1994 Power Purchase Agreement (PPA) for 635 MW of electricity. A 1995 Central Government notification amended the 1992 tariff notification, removing the deemed generation incentive for naphtha‑based plants. Gujarat Urja sought recovery of incenti…

The case concerned an Ultra Mega Power Project where the seller (Sasan Power Ltd.) claimed compensation for increased costs of a water‑intake system and customs duty on mining equipment, alleging these were "change in law" events under Article 13 of the Power Purchase Agreement (PPA). The seller argued that the Appella…

The appellant, Bharati Reddy, was elected Adhyaksha of a Zilla Panchayat after obtaining an Income and Caste Certificate from the Tahsildar. Unsuccessful candidates alleged that the certificate was fraudulently obtained, that the appellant’s affidavits contained contradictory income disclosures, and that the certificat…

Rithwik Energy Generation Pvt Ltd entered into a Power Purchase Agreement (PPA) with Bangalore Electricity Supply Co Ltd (BESCOM). The State Commission refused to approve the PPA, leading the appellant to seek a declaration that the PPA was invalid. During the pendency of appeals, the appellant sent a letter dated 5 Ma…

M/S Prem Cottex, a cotton yarn manufacturer, was issued a short assessment notice by Uttarakhand Bijli Vitran Nigam Ltd. alleging that the multiply factor (MF) used in its electricity bills was incorrectly applied, resulting in short billing of about Rs.1.35 crore. The appellant filed a consumer complaint under the Con…

Nabha Power Ltd (NPL) entered into a 25‑year Power Purchase Agreement (PPA) with Punjab State Power Corporation Ltd (PSPCL) for a 1200 MW plant under a fuel‑specific, pre‑identified site procurement route. The PPA’s energy‑charge formula required the cost of purchasing, transporting and unloading coal "to and at the pr…

The Supreme Court examined whether a tariff fixed under a Power Purchase Agreement (PPA) is immutable and beyond the review of the State Electricity Regulatory Commission (SERC). The Court held that tariff determination is a statutory function of the SERC under Section 86(1)(b) of the Electricity Act, 2003 and is subje…

The petitioners challenged the Andhra Pradesh Electricity Regulatory Commission’s Regulation 45‑B, which prescribes a formula for calculating the fuel surcharge adjustment (FSA) and excludes agricultural consumption until metering is completed. They argued that the regulation was ultra vires the Andhra Pradesh Electric…

Hindustan Zinc Limited (HZL) operates four units and a captive power plant, and entered into open‑access agreements with Ajmer Vidyut Vitran Nigam Ltd (AVVNL) for wheeling power to three of its units. A dispute arose over unscheduled interchange (UI) charges under clauses 8 and 9 of the agreements. The Rajasthan Electr…

The Madhya Pradesh Madhya Kshetra Vidyut Vitran Company and its officers entered into a supply agreement with Bapuna Alcobrew Private Ltd, which required the latter to consume a minimum amount of electricity. The respondent installed a turbo‑generating set contrary to conditions, leading the appellant to issue show‑cau…

The State of Himachal Pradesh appealed against a High Court order that had held Mis Gujarat Ambuja Cements Ltd. entitled to reimbursement of Peak Load Exemption Charge (PLEC) under the power‑tariff‑freeze incentive granted to industrial units. The cement unit, which began commercial production on 26‑Sept‑1995, was supp…

Powergrid Corporation of India Ltd., a central transmission utility, suffered failure of three inter‑connecting transformers (ICTs) in its Rihand I system in 2006 and temporarily replaced them with transformers from its Rihand II system. Powergrid sought de‑capitalisation of the removed ICTs and additional capitalisati…

The appellant, a power distribution company, entered into a Power Purchase Agreement (PPA) with the respondent, a power generator, and disputed accounting details and rebate claims arising from monthly invoices. The dispute was taken before the Tamil Nadu Electricity Regulatory Commission (State Commission) which adjud…

The Damodar Valley Corporation (DVC), a statutory body under the Damodar Valley Corporation Act, 1948, sought a tariff order from the Central Electricity Regulatory Commission (CERC) and claimed that, under Section 38 of the DVC Act, it was entitled to interest on its entire capital in addition to the return on equity …

The Supreme Court examined whether a policy decision of the Uttar Pradesh Government dated 14‑June‑2006, which provided a flat‑rate electricity subsidy for power‑loom bunkers, could be extended by the Uttar Pradesh Electricity Regulatory Commission to industries using HV‑2 connections. The Court held that the State Gov…

The Himachal Pradesh State Electricity Regulatory Commission fixed electricity tariffs in 2001 and issued several directions to the Himachal Pradesh State Electricity Board. The Board did not fully comply and the Commission imposed a Rs 5,000 penalty. The Board appealed to the High Court under Section 27 of the Electri…

Gujarat Urja Vikas Nigam Limited (GUVNL) entered into power purchase agreements (PPAs) with four wind‑energy companies, fixing a tariff of Rs 3.56 per kWh that was applicable only to projects availing accelerated depreciation under the Income‑Tax Act. The respondents later approached the Gujarat Electricity Regulatory …

Maharashtra State Electricity Distribution Company Ltd (MSEDCL) entered long‑term power purchase agreements (PPAs) with Adani Power Maharashtra Ltd (APML) and other generators, relying on the New Coal Distribution Policy (NCDP) 2007 which assured 100% domestic coal supply. The 2013 amendment to the NCDP reduced the gua…

Power Grid Corporation, a transmission licencee, constructed the 400 kV Barh‑Balia double‑circuit line but the switchgear and protection system at the Barh end, which were to be installed by NTPC, were not completed. Power Grid sought a tariff from CERC effective 1 July 2010, which CERC granted despite the line not bei…

The State of Jharkhand and the Jharkhand State Electricity Board sought to energise a fully constructed electricity sub‑station on land claimed by three respondents who alleged possession of the suit property. The respondents had earlier failed to establish a title to the land in a title suit and could not specify the …

The appellant, owner of a house on Dag No. 408, sought electricity supply from the Calcutta Electricity Board, which was initially granted but later disconnected after respondents claimed the supply line passed through their land (Dag Nos. 406, 407, 409). The respondents filed a writ petition seeking a prohibition on u…

The Gujarat Electricity Regulatory Commission (GERC) procured power through a competitive bidding process and selected M/s Adani Power (Mundra) Ltd. (the appellant) for a 1000 MW supply at Rs 2.35/kWh, contingent on an assurance from Gujarat Mineral Development Corporation (GMDC) to provide indigenous coal. When GMDC f…

Star Wire (India) Vidyut Pvt. Ltd. operates a 9.90 MW biomass plant that became commercially operational on 3 May 2013. The Haryana Electricity Regulatory Commission (HERC) amended its 2010 tariff regulations by a notification dated 12 August 2015, classifying projects commissioned in FY 2013‑14 differently from those …

The Supreme Court dismissed the appeal of the Andhra Pradesh distribution companies (DISCOMS) challenging the Appellate Tribunal for Electricity’s (APTEL) order directing the State Electricity Regulatory Commission to decide on two applications: HNPCL’s petition for determination of capital cost (O.P. No.21 of 2015) an…

Bengal Chemists & Druggists Assn. appealed against an order of the National Company Law Appellate Tribunal (NCLAT) that dismissed its appeal as not maintainable because it was filed nine days after the initial 45‑day limitation period and after the additional 45‑day grace period had also expired. The appellant argued t…

Gujarat Urja Vikas Nigam Ltd (GUVNL) entered into a Power Purchase Agreement (PPA) with EMCO Ltd for a 5 MW solar project, the tariff being fixed by the Gujarat Electricity Regulatory Commission (GERC) in its first tariff order of 29 Jan 2010, which assumed the benefit of accelerated depreciation under Section 32 of th…

The Central Electricity Supply Utility of Odisha (CESU) appointed its Chairman, a retired officer, to also discharge the functions of Chief Executive Officer (CEO) and paid him a consolidated honorarium. A public‑interest litigation sought a writ of quo warranto to quash this arrangement and directed recovery of the ho…

The Supreme Court examined whether industrial/commercial electricity users could file complaints before a Consumer Forum against assessment orders under Section 126 of the Electricity Act, 2003 or actions under Sections 135‑140 of the same Act. The petitioners (U.P. Power Corporation Ltd. and others) argued that such p…

The respondent purchased a mineral water bottling plant at an e‑auction conducted under the SARFAESI Act, where the sale notice expressly stated that the property was sold "as is where is, whatever there is and without recourse" and that the purchaser would bear all statutory dues, including electricity dues. After the…

The appellants, including DSR Steel (P) Ltd., challenged the Rajasthan Electricity Regulatory Commission’s tariff order and the withdrawal of an incentive scheme, alleging promissory estoppel. Their review petitions were dismissed by the Commission and the Appellate Tribunal, and they filed appeals under Section 125 of…

Oil & Natural Gas Corp. Ltd. (ONGC) appealed to the Supreme Court against the order of the Appellate Tribunal for Electricity which denied its claim for a refund. The appeal was filed more than 71 days after the 60‑day period prescribed under Section 125 of the Electricity Act, 2003, and beyond the additional 60‑day co…

The Municipal Corporation of Delhi (MCD) sought approval from the Delhi Electricity Regulatory Commission (DERC) to conduct a tariff‑based competitive bidding for a 28 MW waste‑to‑energy (WTE) project at Narela Bawana, invoking Section 63 of the Electricity Act, 2003. The Waste to Energy Research & Technology Council c…