Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 2003 Electricity Act s.63 Change in law’ compensation |
Content Type | Text |
Resource Type | Law Order |
Jurisdiction | India |
Act(s) Referred | Electricity Act, 2003 (36 of 2003) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Electricity Act, 2003 – s.63 – ‘Change in law’ compensation– Appellant is electricity Distribution Licensee in the State ofRajasthan – It entered into a Power Purchase Agreement (PPA) on28.1.2010 with Adani Power Rajasthan Limited (APRL), agenerating company in pursuance to a tariff-based competitive bidprocess in terms of s.63 of the Act – The terms of PPA contained atariff, which could be varied only as per the specific provisionscontained in the PPA, and not otherwise – The PPA postulateddomestic coal usage as the primary fuel – Meanwhile, the New CoalDistribution Policy, 2013 (NCDP of 2013), was notified on26.7.2013 by the Central Government – Claim of APRL for increasedtariff under the change in law provisions in the PPA – Tenability of– Held: The parties had agreed ad idem that bid was evaluated basedon domestic coal, and escalations were also based on domestic coal– It was binding on both the parties – The Policy having beenthereafter revised in terms of NCDP of 2013, thus assurance givenby the Government of India under the NCDP of 2007 was takenaway – The PPA was based on the domestic law and there was achange in domestic law – Submission that the bid and the PPA werebased on imported coal, cannot be accepted – When there was achange in policy with respect to obtaining coal itself, which wasagreed to in the PPA, the change in law would be applicable –Requirement to compensate due to change in law – The same isbased on the principle of restitution – APRL accordingly entitled toclaim compensation under the change in law as provided in Article10 of the PPA – Doctrines/ Principles – Principle of restitution.Electricity Act – s.125 – Appeal under – Scope – Held: Scopeof appeal u/s.125 of the Electricity Act is akin to s.100 CPC –Concurrent findings based upon the facts cannot be disturbed inappeal – Appeal. |
Judge | Hon'ble Mr. Justice Arun Mishra |
Neutral Citation | 2020 INSC 521 |
Petitioner | Jaipur Vidyut Vitaran Nigam Ltd. & Ors. |
Respondent | Adani Power Rajasthan Limited & Anr. |
SCR | [2020] 12 S.C.R. 301 |
Judgement Date | 2020-08-21 |
Case Number | 8625 |
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