| Content Provider | Supreme Court of India |
|---|---|
| e-ISSN | 30484839 |
| Language | English |
| Access Restriction | NDLI |
| Subject Keyword | 2005 – r. 3 – Captive generation plant Electricity Act 2003: s. 9 rw s. 2(8) – Electricity Rules |
| Content Type | Text |
| Resource Type | Law Judgement |
| Jurisdiction | India |
| Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 |
| Case Type | Appeal |
| Court | Supreme Court of India |
| Disposal Nature | Appeal Dismissed |
| Headnote | Electricity Act, 2003: s. 9 rw s. 2(8) – Electricity Rules, 2005 – r. 3 – Captive generation plant – Requirement of – On facts, SBPIL established a captive generation plant and SBMPL is its sister concern – Petition by SBPIL to State Electricity Regulatory Commission for providing open access and wheeling of power through the transmission system of the appellant-State Power Distribution Company for capitive use by SBMPL – Allowed by the Commission holding that SBPIL was entitled to supply electricity to its sister concern SBMPL and same would qualify to be treated as own consumption within the ambit of s. 9 – Said order upheld by APTEL – On appeal, held: Combined reading of s. 9 and 2(8) reveal that a person is entitled to construct, maintain or operate a captive generating plant and such a plant should be primarily for his own use – SBMPL holds 27.6% equity shares in SBPIL, as such, the requirement of not less than 26% of shares is fulfilled by SBMPL and since SBMPL holds 27.6% of the ownership, the use of electricity by it would be for captive use – Other requirement that the consumption of SBIPL and SBMPL together should not be less than 51% of the power generated and admittedly, the joint consumption by SBIPL and SBMPL is more than 51% – Thus, both the conditions as provided u/r 3 are satisfied, thus, the order passed by the Commission and the APTEL justified. |
| Judge | Hon'ble Mr. Justice Bhushan Ramkrishna Gavai |
| Neutral Citation | 2022 INSC 557 |
| Petitioner | Chhattisgarh State Power Distribution Company Ltd |
| Respondent | Chhattisgarh State Electricity Regulatory Commission And Another |
| SCR | [2022] 3 S.C.R. 798 |
| Judgement Date | 2022-05-12 |
| Case Number | 2578- 2579 |
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