| Content Provider | Supreme Court of India |
|---|---|
| e-ISSN | 30484839 |
| Language | English |
| Access Restriction | NDLI |
| Subject Keyword | 2003 Electricity Act ss. 61 and 86(1)(e) Issuance of Tariff Order Procurement of power from Wind Electricity Generator |
| Content Type | Text |
| Resource Type | Law Judgement |
| Jurisdiction | India |
| Act(s) Referred | Electricity Act, 2003 (36 of 2003) |
| Case Type | Appeal |
| Court | Supreme Court of India |
| Disposal Nature | Appeal Allowed |
| Headnote | Electricity Act, 2003: ss. 61 and 86(1)(e) – Procurement of power from Wind Electricity Generator – Issuance of Tariff Order – Tariff Order dated 26.03.13 prescribing rate of Rs 5.92 per unit for the project commissioned during the period from 01.04.13 till 31.03.16 – New Tariff order dated 17.03.16 whereby earlier tariff order at Rs. 5.92 per unit reduced to Rs. 4.78 per unit, for project commissioned on or after 01.04.2016 – First respondent seeking benefit of the unit rate of Rs. 5.92 fixed under the earlier tariff order on the basis that it commissioned its project on 31.03.2016 – Appellant’s case that on the basis of the data provided, power was injected into the grid on or from 01.04.2016, thus, not entitled to benefit of the unit rate of Rs. 5.92, and as such would not enter into Power Purchase Agreement under the earlier tariff order – Writ petition by the first respondent – Allowed by the High Court – Issuance of direction to first appellant to enter into a PPA with the first respondent for the purchase of electricity at the rate of Rs 5.92 per unit – Thereafter, the appellant revoked the certificate of commissioning – Review petition filed there against, dismissed – Second set of writ petition, wherein the High Court stayed the revocation – On appeal, held: Project of the first respondent was commissioned on 1 April 2016 since the SLDC data indicates the injection of power into the grid with effect from that date – However, it would be unfair to deny to the first respondent the benefit of the rate which came to be prescribed by the Tariff Order dated 17.03.16 – Rate prescribed by Tariff Order of Rs 4.78 per unit was to apply during the control period beginning from 01.04.2016 and ending on 31.03.2019 and that rate would continue to govern the life cycle of 25 years – First respondent cannot be denied a parity of treatment, as has been allowed to other projects of a similar nature which would be governed by the control period stipulated in the Tariff Order dated 17.03.2016 – Orders of the High Court set aside – First respondent entitled to the benefit of the Tariff Order dated 17.03.2016 – Appellants to process the application of the first respondent for execution of a PPA on that basis. |
| Judge | Hon'ble Dr. Justice D.Y. Chandrachud |
| Neutral Citation | 2019 INSC 814 |
| Petitioner | Madhya Pradesh Power Management Co. Ltd. & Anr. M/s Dhar Wind Power Projects Pvt. Ltd. & Ors. |
| Respondent | M/s Dhar Wind Power Projects Pvt. Ltd. & Ors. |
| SCR | [2019] 10 S.C.R. 73 |
| Judgement Date | 2019-07-25 |
| Case Number | 9218 |
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