Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Transmission Tariff Central Electricity Regulatory Commission (Terms and Conditions of Tariff) Regulation Barh-Balia line 2009 |
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 Dismissed |
Headnote | Central Electricity Regulatory Commission (Terms and Conditions of Tariff) Regulation, 2009: Regns. 2, 3(12) - Transmission Tariff — Determination of — Date of Commercial operation — Appellant is transmission licencee — Constructed 400 KV Barh-Balia double circuit transmission — Respondent no.1 is one of the beneficiaries — Construction of sub-station including switch gear and protection system at the Barh end was within the scope of work undertaken by NTPC — Appellant filed petition before CERC for determination of Transmission Tariff for the period 1.7.2010 to 31.3.2014 - Petition was heard and till that date respondent no.1 had not raised any objection — Matter was reserved for judgment — Thereafter respondent no.! filed an affidavit stating that the line was not operational — CERC decided the tariff wef. 1.7.2010 payable by beneficiaries - Appeal by respondent no.1 — Tribunal remanded the matter accepting the plea of respondent no.1 that since condition of trial operation and regulatory services were not fulfilled as such Commission erred in declaring tariff - On appeals, held: Switch gear and other works are part of transmission lines by virtue of its definition in s.2(72) — Switch gear at Barh end of Barh-Balia line for protection and metering were to be installed by NTPC and the same was not done by it when transmission line was completed by the appellant — As such the appellant might have suffered due to delay on the part of NTPC in completing the transmission lines for some period — But beneficiaries, including respondent No. 1, cannot be made liable to pay for this delay wef. 01.07.2010 as the energy supply line had not started on said date and beneficiaries could not be made liable to pay the tariff before transmission line was operational. |
Judge | Hon'ble Mr. Justice Prafulla Chandra Pant |
Neutral Citation | 2016 INSC 1173 |
Petitioner | Power Grid Corporation Of India Ltd. |
Respondent | Punjab State Power Corporation Ltd. And Others |
SCR | [2016] 2 S.C.R. 116 |
Judgement Date | 2016-03-03 |
Case Number | 9193 |
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