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Electricity Act, 2003

227 judgments · newest first · showing 1–200

KOMALSING HARISING PATILversusTHE STATE OF MAHARASHTRA

DISPOSED OFF

Komalsing was convicted by the Additional Sessions Judge, Jalgaon, under Section 135 of the Indian Electricity Act, 2003, and sentenced to six months' imprisonment and a fine of Rs.21,281. He filed a criminal application seeking suspension of the sentence and bail pending the hearing of his appeal …

MADHAV S/O MOHANAJI JARANDEversusTHE STATE OF MAHARASHTRA

DISPOSED OFF

Madhav was convicted by a Sessions Court for alleged theft of electricity under Section 135 of the Electricity Act, 2003, based on a surprise inspection by MSEB officials who recorded a spot panchanama and photographs of a hook used to draw power. The trial court accepted the prosecution’s case …

YOGESH HANUMANT MOREversusTHE STATE OF MAHARASHTRA AND ANOTHER

Disposed off as Withdrawn

The applicant, Yogesh Hanumant More, filed a bail application in the High Court of Bombay seeking release in connection with FIR No. 654 of 2026, alleging offences under Sections 105 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 135 of the Electricity Act, 2003. While the bail …

GANESH BIBHISHAN YEDAGEversusTHE STATE OF MAHARASHTRA AND ANR.

Disposed off as Withdrawn

Ganesh Bibhishan Yedage applied for bail in connection with FIR No. 654 of 2026, alleging offences under Sections 105 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 135 of the Electricity Act, 2003. While the bail application was pending, the charge‑sheet in the case was filed, prompting …

SANDEEP SINGHversusSTATE OF U.P. AND 2 OTHERS

The applicant, Sandeep Singh, filed an application under Section 528 seeking modification of pleadings and a stay of prosecution in a power theft case initiated under Section 135 of the Indian Electricity Act. The court allowed the requested amendments and considered the applicant's request to …

SANJAY JAISWALversusSTATE OF U.P. AND 2 OTHERS

The applicant filed an application under Section 528 of the BNSS Act seeking to set aside an order dated 04‑06‑2012 under Section 135 of the Electricity Act and to have the proceedings stayed. Both parties’ counsel appeared, and the applicant expressed willingness to settle the dispute by …

MUNIR AHMAD MOHAMMADIN KHAN AND ANRversusTHE STATE OF MAHARASHTRA AND ANR

Disposed Off

The appellants challenged their conviction under Sections 135 and 138 of the Electricity Act, 2003, imposed by the Additional Sessions Judge, Thane. They argued that Respondent No.2 had accepted a compounding amount of Rs.13,05,940, which under Section 152 of the Electricity Act mandates that the …

LAIK AHMAD KHANversusTHE STATE OF MAHARASHTRA AND ANR

Abated

The appellant, Laik Ahmad Khan, appealed against his conviction by the Additional Sessions Judge, Thane, for offences under Sections 135 and 138 of the Electricity Act, 2003. The appeal was filed in Criminal Appeal No.1129 of 2019. During the pendency of the appeal, the appellant died on 12 March …

MUNIR AHMAD MOHAMMADIN KHAN AND ANRversusTHE STATE OF MAHARASHTRA

Abated

The appellants challenged their conviction under Sections 135 and 138 of the Electricity Act, 2003, imposed by the Additional Sessions Judge, Thane. They argued that Respondent No.2 had accepted a compounding amount of Rs.13,05,940, which under Section 152 of the Electricity Act mandates that the …

STATE OF MAHARASHTRA THROUGH MSEDCLversusWAJID ABDUL RAJJAK PARKAR AND ANR

Allowed

The State of Maharashtra filed applications for leave to appeal against acquittal orders dated 06.03.2025 in two Special MSEB cases involving alleged theft of electricity under Section 135 of the Indian Electricity Act, 2003. The accused were alleged to have tampered with current transformers (CTs) …

KARNATAKA POWER TRANSMISSION CORPORATION LIMITEDversusREKHA & ORS

2026 INSC 847Appeal(s) allowed

The case arose from the death of N. Subramanya by electrocution and a similar injury to Muizz Ahmad Shariff, leading the victims' families to file writ petitions under Article 226 seeking compensation from Karnataka Power Transmission Corporation Limited (KPTC). The High Court had entertained the …

North Bihar Power Distribution Company Ltd.versusState Of Bihar and Anr

DISPOSED

The petitioners, North Bihar Power Distribution Company Ltd., filed a criminal miscellaneous application seeking to quash an order dated 26‑09‑2013 passed by the Sessions Judge, Begusarai, under Section 135 of the Electricity Act, 2003. They contended that, pursuant to Section 145 of the Electricity …

THE MAH. STATE ELECTRICTY DISTRIBUTION CO. AND ORS.versusM/S. DELIGHT BAKERY

Disposed Off

The State Electricity Distribution Co. issued a provisional assessment bill to M/s Delight Bakery after a Flying Squad inspection found that the bakery, which had obtained an industrial‑category electricity connection, was also selling bakery products on the premises. The petitioner argued that this …

Sanjay Saw @ Sanjay KumarversusThe State of Bihar

BAIL GRANTED

The petitioner, Sanjay Saw, was apprehended of arrest in connection with a case under Section 135 of the Indian Electricity Act, 2003 alleging financial loss to the Electricity Department. He claimed the premises involved were owned by his mother and rented to a third‑party, and sought anticipatory …

MITHUBHAI MANGALDAS NAKAR (RAJGOR)versusPACHIM GUJARAT VIJ COMPANY LIMITED

RULE ISSUED AND PARTLY ALLOWED

The petitioner, Mithubhai Mangaldas Nakar, claimed ownership and long‑standing possession of a residential property and its electricity connection (Consumer No. 39810/00068/5). After the death of his father, the revenue records were altered without his knowledge, and the PGVCL disconnected the …

DELHI ELECTRICITY REGULATORY COMMISSIONversusTATA POWER DELHI DISTRIBUTION LIMITED

2026 INSC 461Appeal(s) allowed

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 …

RAMCHARANversusSTATE OF U.P. AND 3 OTHERS

Ramcharan filed an application under Section 482 of the Criminal Procedure Code seeking to quash the entire proceedings of Criminal Case No. 503 of 2007, which involved alleged violations of Sections 135 and 138 of the Electricity Act. The application was filed after a preliminary order for framing …

SHAILESHBHAI DAHYABHAI PATELversusSTATE OF GUJARAT

47-DISPOSAL IN ANY OTHER MODE FH

The petitioners, who had purchased ten parcels of agricultural land and sought conversion to non‑agricultural use, learned that GETCO intended to lay a 400 kV Kalipura (Prantij) Lilo line through survey numbers 186 and 187 of their property. They filed a special civil application under Articles 14, …

M/S. DEVIKRUPA STONE CRUSHERversusTHE PASCHIM GUJARAT VIJ COMPANY LIMITED

40-WITHDRAWN @ FH

The petitioner, Devikrupa Stone Crusher, challenged a supplementary bill issued by Paschim Gujarat Vij Company Ltd under Section 135 of the Electricity Act alleging theft of electricity, seeking a writ of mandamus under Article 226 to quash the bill and obtain a hearing. The respondent argued that …

SOLANKI TALASHIBHAI GANDABHAIversusSTATE OF GUJARAT

39-RULE DISCHARGED/DISMISSED @ FH

The petitioners, owners of agricultural land in Sanand Taluka, challenged the laying of a 66 kV transmission line by the state transmission utility, alleging that the route was arbitrary, caused undue hardship and violated the Electricity Act, 2003 and the Telegraph Act, 1885. They sought a mandamus …

as not pressed)versusSTATE OF GUJARAT

38-RULE ABSOLUTE/ALLOWED @ FH

The applicants, partners of two textile firms, were charged under Section 135 of the Indian Electricity Act, 2003 for alleged electricity theft after meters were seized during a raid. Two FIRs were filed for the same alleged offence, and the applicants sought anticipatory bail and later discharge, …

GANGADHAR TIWARIversusSTATE OF U.P. AND OTHERS

The petitioner, Gangadhar Tiwari, suffered 40% permanent disability after contacting a live 11,000 kV wire that had been reported broken but not repaired by the electricity department. He filed a claim under Section 6(1) of the Public Liability Insurance Act, 1991 and was awarded Rs 4 lakhs by the …

Kaushlendra KumarversusThe State of Bihar

BAIL GRANTED

Kaushlendra Kumar was accused of electricity theft under Section 135 of the Electricity Act, 2003, with an alleged loss of Rs.7,76,400 to the South Bihar Power Distribution Company. He feared arrest and argued that the FIR was filed on mere suspicion and possibly motivated by opposition to a …

MADHYA GUJARAT VIJLI CO. LTDversusKARAN MANISHKUMAR PATEL

DISPOSED AS INFRUCTUOUS

Madhya Gujarat Vijli Co. Ltd filed a special civil application against Karan Manishkumar Patel and another, challenging a supplementary bill of Rs. 2,77,200 issued under Section 126 of the Electricity Act, 2003. The petitioner argued that the bill was unlawful. During the hearing, counsel for the …

KANAIYALAL LAXMISHANKAR BHATTversusAPPELLATE AUTHORITY

44-PARTLY ALLOWED @ FH

The petitioner, a residential consumer, challenged a supplementary electricity bill issued by PGVCL after a meter check showed tampering of MMB seals but no body seal tampering, and no evidence of unauthorized use. The respondent served a notice for payment and the petitioner appealed under Section …

NARANBHAI PRAGJIBHAI GOHILversusPASCHIM GUJARAT VIJ COMPANY LIMITED

39-RULE DISCHARGED/DISMISSED @ FH

The petitioner, Naranbhai Pragjibhai Gohil, owned land supplied with a 30 kW three‑phase connection by Paschim Gujarat Vij Company Ltd (PGVCL). After a fault in one phase, he lodged complaints but PGVCL’s crew disconnected the meter on 7 Nov 2024 and issued a notice and a supplementary bill under …

NAROTAMBHAI MOHANLAL THUMBARversusSTATE OF GUJARAT

58-RULE ISSUED & RULE ABSOLUTE/ALLOWED @FH

Vanitaben Thumar, owner and occupier of Flat No. 301 in a residential project, applied for an electricity connection which was denied by the distribution authority on the ground of objections raised by third‑party money lenders claiming rights over the property. The petitioner contended that she had …

VANITABEN NAROTAMBHAI THUMBARversusSTATE OF GUJARAT

58-RULE ISSUED & RULE ABSOLUTE/ALLOWED @FH

Vanitaben Thumar, owner and occupier of Flat No. 301 in a residential project, applied for an electricity connection which was denied by the distribution authority on the ground of objections raised by third‑party money lenders claiming rights over the property. The petitioner contended that she had …

AMUL CRANKSHAFT PRIVATE LIMITEDversusEXECUTIVE ENGINEER (O AND M), PGVCL

44-PARTLY ALLOWED @ FH

Amul Crankshaft Private Limited sought to merge an adjoining leased shed into its existing premises for industrial use and applied to PGVCL for a power boundary extension. PGVCL rejected the application, later issuing a provisional and then a final bill alleging unauthorized electricity use, which …

MANOJBHAI KANJIBHAI RUPARELIYAversusPASCHIM GUJARAT VIJ COMPANY LIMITED

58-RULE ISSUED & RULE ABSOLUTE/ALLOWED @FH

Manojbhai Rupareliya, a protected tenant and cultivator of agricultural land, applied for a new electricity connection and the upgrade of an existing transformer. Although his application was approved and fees paid, the electricity company (respondent No.3) refused to proceed, citing the need for a …

MADHYA GUJARAT VIJ COMPANY LIMITEDversusPANOLI INTERMEDIATES (INDIA) PVT. LTD.

38-RULE ABSOLUTE/ALLOWED @ FH

Madhya Gujarat Vij Company Ltd, an electricity supplier, issued a provisional assessment and a final bill of Rs 22,70,458.89 against Panoli Intermediates (consumer) for allegedly extending its high‑tension supply to adjacent plots without permission. The consumer appealed under Section 127 of the …

LAKSHMI DEVIversusSTATE OF U.P. AND ANOTHER

Lakshmi Devi filed an application under Section 528 of the BNSS Rules seeking to quash criminal proceedings (S.T. No.464 of 2020) for alleged theft of electricity under Section 135 of the Electricity Act, 2003. The Electricity Department produced a letter dated 04.04.2018 showing that the offence …

MOHD. MOINUDDIN AJMERIversusSTATE OF U.P. AND ANOTHER

The applicant, Mohd. Moinuddin Ajmeri, filed an application under Section 528 of the Criminal Procedure Code seeking quash of the charge‑sheet dated 16‑12‑2018, the cognizance and summoning order dated 06‑08‑2021 and a bailable warrant dated 20‑02‑2025 in Criminal Case No.121 of 2021, which arose …

HIFZUL REHMAN MORISWALAversusSTATE OF GUJARAT

39-RULE DISCHARGED/DISMISSED @ FH

The petitioner, Hifzul Rehman Moriswala, challenged a supplementary electricity bill of Rs.2,21,635.73 issued by the power company on allegations of meter tampering and theft. He argued that the meter was replaced after a temporary repair and that the laboratory report on the old meter was …

LAHERI SALIM YUSUFversusDEPUTY ENGINEER

40-WITHDRAWN @ FH

The petitioner, Laheri Salim Yusuf, operating a reverse‑osmosis plant, was issued a notice and a supplementary bill by the Deputy Engineer of Dakshin Gujarat Vij Company alleging theft of electricity under Section 135 of the Electricity Act, 2003. He filed a petition under Article 226 seeking a writ …

KAJALBEN W/O HITESHBHAI HAMIRBHAI MUCHADIYA D/O DEVJIBHAI VAGHELAversusSTATE OF GUJARAT

58-RULE ISSUED & RULE ABSOLUTE/ALLOWED @FH

Kajalben, the wife of Hiteshbhai Muchadiya, sought to appeal a conviction under Section 135 of the Indian Electricity Act, 2003, which imposed three years' simple imprisonment and a fine of Rs.40,000, already paid. The appeal was filed 13 days beyond the prescribed period because the applicant, a …

GORAKH RAMversusSTATE OF U.P. AND 7 OTHERS

The petitioner filed a public interest litigation seeking to restrain the State and others from laying a 33 kV high‑tension line through a densely populated residential area and main road in Azamgarh, urging an alternative route. The respondents argued that the line already exists and is merely …

PASCHIMANCHAL VIDYUT VITRAN LIMITEDversusState of UP AND ANOTHER

Paschimanchal Vidyut Vitran Ltd appealed the acquittal of Shiv Dutt Sharma in a case under Section 135 of the Indian Electricity Act, 2003, alleging electricity theft by meter bypass. The prosecution claimed a load of 1973 watts was being used illegally, but failed to produce the alleged inspection …

Prabhakar MishraversusThe State of Bihar

DISPOSED

Petitioner Prabhakar Mishra, a 78‑year‑old resident of West Champaran, filed a writ petition after North Bihar Power Distribution Company Limited (NBPDCL) issued a notice demanding a Rs 10,000 penalty for removing an electricity pole in front of his house and disconnected his power supply. The …

Vinay Kumar MishraversusThe State of Bihar

ALLOWED

The petitioner, Vinay Kumar Mishra, filed an application to quash FIR No. 742 of 2023 dated 22‑09‑2023, which alleged offences under Section 135 of the Electricity Act, 2003. The FIR incorrectly named the petitioner while the alleged offender was actually his brother, Ashwani Kumar Mishra, who had …

Sachchidanand Singh @ Bechan Singh @ Sachidanand SinghversusThe State of Bihar

BAIL REJECTED

The petitioner, Sachchidanand Singh, was arrested on allegations of illegally consuming electricity by tampering with the meter, resulting in a revenue loss of Rs. 4,11,837 to South Bihar Power Distribution Co. Ltd. He claimed to be a bona‑fide consumer since 2016 and asserted that he had previously …

M/S. RAVI PLUMBING AND CONSTRUCTIONversusUNION OF INDIA

26-DISMISSED @ ADM.STAGE

M/s Ravi Plumbing and Construction failed to file its GST return for Q1 of FY 2024‑25, prompting a show‑cause notice and subsequent cancellation of its GST registration under Section 29(2)(c) of the CGST Act. The petitioner did not respond to the notice and later filed an appeal under Section 107 …

Ranjay KumarversusThe State of Bihar

DISPOSED

The petitioner, Ranjay Kumar, feared arrest in a criminal case (PS Case No. 111 of 2025) for alleged illegal consumption of electricity under Section 135 of the Electricity Act, 2003. The prosecution alleged that he had connected a wire to the main LT line without a valid connection. The petitioner …

Md. Maksood AlamversusThe State Of Bihar

ALLOWED

The appellant, Md. Maksood Alam, was convicted under Section 135(1) of the Electricity Act, 2007 for alleged electricity theft at a plastic manufacturing unit and sentenced to three years’ rigorous imprisonment and a hefty fine. The prosecution’s case relied on the testimony of the raiding party and …

Chanda SinhaversusThe State of Bihar

DISMISSED

Chanda Sinha filed a writ petition seeking reconnection of electricity, quashing of a demand of Rs. 8,64,950 and setting aside a consumer forum order, alleging illegal disconnection without notice. The respondents argued that a prior connection on the same premises, held in the name of the …

Mukesh Kumar SinghversusThe Managing Director Cum Chairman

DISPOSED

Mukesh Kumar Singh appealed against a Final Assessment Letter issued by the Assistant Electrical Engineer, seeking to quash and stay the order. The Single Judge dismissed the writ petition, holding that an alternative remedy under Section 127 of the Electricity Act, 2003 was available. The appellant …

GUJARAT URJA VIKAS NIGAM LIMITEDversusESSAR POWER LIMITED AND ANOTHER

2025 INSC 1160Disposed off

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 …

NABHA POWER LIMITEDversusPUNJAB STATE POWER CORPORATION LIMITED AND OTHERS

2025 INSC 1002Dismissed

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 …

BSES RAJDHANI POWER LTD. & ANRversusUNION OF INDIA AND ORS

2025 INSC 937Directions issued

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 …

THE STATE OF HIMACHAL PRADESH & ANR.versusJSW HYDRO ENERGY LIMITED & ORS.

2025 INSC 857Appeal(s) allowed

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 …

TORRENT POWER LIMITEDversusU.P. ELECTRICITY REGULATORY COMMISSION & ORS

2025 INSC 838Case Allowed

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 …

JAIPUR VIDYUT VITRAN NIGAM LTD. & ORS.versusADANI POWER RAJASTHAN LTD. & ANR.

2025 INSC 770Dismissed

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 …

THE HP POWER TRANSMISSION CORPORATION LTD.versusM/S BRUA HYDROWATT PVT. LTD. & ORS.

2025 INSC 680Appeal(s) allowed

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 …

RAMAYANA ISPAT PVT. LTD. AND ANR.versusSTATE OF RAJASTHAN & ORS.

2025 INSC 424Dismissed

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 …

MUNICIPAL CORPORATION OF DELHIversusGAGAN NARANG & ORS. ETC.

2025 INSC 2Appeal(s) allowed

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 & …

KERALA STATE ELECTRICITY BOARD LTD.versusJHABUA POWER LIMITED AND OTHERS

2024 INSC 768Disposed off

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 …

M K RANJITSINH & ORS.versusUNION OF INDIA & ORS.

2024 INSC 280Directions issued

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 …

JAIPUR VIDYUT VITRAN NIGAM LTD. & ORS.versusMB POWER (MADHYA PRADESH) LIMITED & ORS.

2024 INSC 23Appeal(s) allowed

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 …

NABHA POWER LIMITEDversusPUNJAB STATE POWER CORPORATION LIMITED

2023 INSC 883Appeal(s) allowed

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 …

PASCHIMANCHAL VIDYUT VITRAN NIGAM LTD.versusRAMAN ISPAT PRIVATE LIMITED & ORS.

2023 INSC 625Dismissed

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 …

K. C. NINANversusKERALA STATE ELECTRICITY BOARD & ORS.

2023 INSC 560Disposed off

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 …

HARYANA POWER PURCHASE CENTREversusSASAN POWER LTD. & ORS

2023 INSC 326Appeal(s) allowed

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 …

KERALA STATE ELECTRICITY BOARD & ORS.versusTHOMAS JOSEPH ALIAS THOMAS M. J. & ORS.

2022 INSC 1293Appeal(s) allowed

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 …

BSES RAJDHANI POWER LTD.versusDELHI ELECTRICITY REGULATORY COMMISSION

2022 INSC 1105Appeal(s) allowed

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 …

VIDARBHA INDUSTRIES POWER LIMITEDversusAXIS BANK LIMITED

2022 INSC 710Appeal(s) allowed

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 …

SANJAY GUPTA & ORSversusSTATE OF UTTAR PRADESH THROUGH ITS CHIEF SECRETARY & ORS

2022 INSC 421Directions issued

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 …

M/S PREM COTTEXversusUTTAR HARYANA BIJLI VITRAN NIGAM LTD. & ORS.

2021 INSC 617Dismissed

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 …

STATE ELECTRICITY BOARD AND OTHERSversusM/S RAMKRISHNA FORGING LIMITED

2021 INSC 278Dismissed

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 …

GUJARAT URJA VIKAS NIGAM LIMITEDversusMR. AMIT GUPTA & ORS.

2021 INSC 163Dismissed

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 …

JAIPUR VIDYUT VITARAN NIGAM LTD. & ORS.versusADANI POWER RAJASTHAN LIMITED & ANR.

2020 INSC 521Case Partly allowed

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 …

CLP INDIA PVT. LTD.versusGUJARAT URJA VIKAS NIGAM LTD. & ANR.

2020 INSC 383Dismissed

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 …

ADANI GAS LIMITEDversusPETROLEUM AND NATURAL GAS REGULATORY BOARD AND ORS.

2020 INSC 199Dismissed

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 …

HINDUSTAN ZINC LIMITED (H.Z.L.)versusAJMER VIDYUT VITRAN NIGAM LIMITED

2019 INSC 1319Disposed off

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. …

G H CENTURY RAYON LIMITEDversusIVP LIMITED AND OTHERS

2019 INSC 1288Appeal(s) allowed

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 …

MADHYA PRADESH POWER MANAGEMENT CO. LTD. & ANR. M/S DHAR WIND POWER PROJECTS PVT. LTD. & ORS.versusM/S DHAR WIND POWER PROJECTS PVT. LTD. & ORS.

2019 INSC 814Case Partly allowed

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 …

SRI A.M.C.S. SWAMY ADE/DPE/HYD (CENTRAL)versusMEHDI AGAH KARBALAI & ANR.

2019 INSC 795Appeal(s) allowed

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 …

MUKESH CHANDversusTHE STATE(NCT) OF DELHI & ANR

2019 INSC 354Appeal(s) allowed

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, …

UTTAR HARYANA BIJLI VITRAN NIGAM LTD [UHBVNL]. & ANRversusADANI POWER LTD. & ORS.

2019 INSC 261Dismissed

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 …

GOVT. OF NCT OF DELHIversusUNION OF INDIA

2019 INSC 194Disposed off

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 …

RELIANCE INFRASTRUCTURE LIMITEDversusSTATE OF MAHARASHTRA AND ORS.

2019 INSC 63Disposed off

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 …

THE STATE OF JHARKHANDversusSURENDRA KUMAR SRIVASTAVA & ORS.

2019 INSC 5Appeal(s) allowed

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 …

DAMODAR VALLEY CORPORATIONversusCENTRAL ELECTRICITY REGULATORY COMMISSION & OTHERS

2018 INSC 1127Dismissed

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 …

BHASKAR SHRACHI ALLOYS LTD. ETC.ETC.versusDAMODAR VALLEY CORPORATION & ORS. ETC.

2018 INSC 629Dismissed

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 …

STATE OF GUJARAT & ORS.versusUTILITY USERS’ WELFARE ASSOCIATION & ORS.

2018 INSC 329Disposed off

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 …

BHARATI REDDYversusTHE STATE OF KARNATAKA & ORS.

2018 INSC 213Appeal(s) allowed

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 …

BENGAL CHEMISTS & DRUGGISTS ASSN.versusKALYAN CHOWDHURY

2018 INSC 91Dismissed

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. …

NABHA POWER LIMITED (NPL)versusPUNJAB STATE POWER CORPORATION LIMITED (PSPCL) & ANR.

2017 INSC 1008Case Partly allowed

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 …

THE STATE OF HIMACHAL PRADESH & ORS.versusMIS. GUJARAT AMBUJA CEMENTS LTD. & ORS.

2017 INSC 991Appeal(s) allowed

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 …

WARYAM STEEL CASTINGS PVT. LTD.versusPUNJAB STATE POWER CORPORATION LTD. AND ANR.

2017 INSC 485Dismissed

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 …

ENERGY WATCHDOGversusCENTRAL ELECTRICITY REGULATORY COMMISSION AND ORS. ETC.

2017 INSC 338Disposed off

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 …

NATIONAL SECURITIES DEPOSITORY LTD.versusSECURITIES AND EXCHANGE BOARD OF INDIA

2017 INSC 206Disposed off

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 …

ALL INDIA POWER ENGINEER FEDERATION & ORS.versusSASAN POWER LTD. & ORS. ETC.

2016 INSC 1114Appeal(s) allowed

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 …

GUJARAT URJA VIKAS NIGAM LTD.versusESSAR POWER LIMITED

2016 INSC 587Appeal(s) allowed

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 …

GUJARAT URJA VIKAS NIGAM LIMITEDversusTARINI INFRASTRUCTURE LTD. & ORS.

2016 INSC 500Dismissed

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 …

SAI BHASKAR IRON LTD.versusA.P. ELECTRICITY REGULATORY COMMISSION & ORS.

2016 INSC 502Dismissed

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 …

GUJARAT URJA VIKAS NIGAM LIMITEDversusEMCO LIMITED & OTHERS

2016 INSC 124Appeal(s) allowed

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 …

HINDUSTAN ZINC LTDversusRAJASTHAN ELECTRICITY REGULATORY COMMISSION

2015 INSC 996Directions issued

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 …

RAMANversusUTTAR HARYANA BIJLI VITRAN NIGAM LTD. & ORS.

2014 INSC 885Appeal(s) allowed

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 …

PASCHIMANCHAL VIDYUTVITRAN NIGAM LTD. & ORS.versusM/SADARSH TEXTILES & ANR.

2014 INSC 829Disposed off

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 …

M/S SESA STERLITE LTD.versusORISSA ELECTRICITY REGULATORY COMM. & ORS.

2014 INSC 339Dismissed

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 …

T.N. GENERATION & DISTBN. CORPN. LTD.versusPPN POWER GEN. CO. PVT. LTD.

2014 INSC 248Dismissed

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 …

VISHAL AGRAWAL & ANR.versusCHHATTISGARH STATE ELECTRICITY BOARD & ANR.

2014 INSC 64Dismissed

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, …

BHARAT SANCHAR NIGAM LIMITEDversusTELECOM REGULATORY AUTHORITY OF INDIA AND OTHERS

2013 INSC 808Reference answered

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 …

CENTRAL ELECTRICITY SUPPLY UTILITY OF ODISHAversusDHOBEI SAHOO & ORS.

2013 INSC 741Appeal(s) allowed

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 …

U.P. POWER CORPORATION LTD.versusN.T.P.C. LTD. & ORS.

2013 INSC 637Dismissed

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 …

U.P. POWER CORPORATION LTD. AND ORS.versusANIS AHMED

2013 INSC 394Appeal(s) allowed

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 …

RAJESH AWASTHIversusNAND LAL JAISWAL & ORS.

2012 INSC 495Dismissed

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 …

M/S. DSR STEEL (P) LTD.versusSTATE OF RAJASTHAN & ORS.

2012 INSC 195Dismissed

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 …

THE EXECUTIVE ENGINEER AND ANR.versusM/S SRI SEETARAM RICE MILL

2011 INSC 772Appeal(s) allowed

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 …

M/S NTPC LTD.versusM.P. STATE ELECTRICITY BOARD & ORS.

2011 INSC 724Disposed off

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 …

SRI CHANDU KHAMARUversusSMT. NAYAN MALIK & ORS.

2011 INSC 637Appeal(s) allowed

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 …

TRANSMISSION CORPN. OF A.P. LTD. & ANR.versusSAI RENEWABLE POWER PVT. LTD. & ORS.

2010 INSC 391Disposed off

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 …

KANPUR ELECTRICITY SUPPLY CO. LTD. & ANR.versusM/S. L.M.L. LIMITED & ORS.

2010 INSC 288Dismissed

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 …

WEST BENGAL ELECTRICITY REGULATORY COMMISSIONversusHINDALCO INDUSTRIES LTD. & ORS.

2010 INSC 231Appeal(s) allowed

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 …