Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 2013 : s. 63 – Determination of tariff by bidding process – Change in law – Haryana Utilities-appellants entered into Power Purchase Agreements-PPAs with the APML Electricity Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Electricity Act, 2003 (36 of 2003) |
Case(s) Referred | Referred Case 0 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Electricity Act, 2013 : s. 63 – Determination of tariff by bidding process – Change in law – Haryana Utilities-appellants entered into Power Purchase Agreements-PPAs with the APML – PPAs entered pursuant to tariff based Competitive Bidding Process – Petition by APML before CERC seeking relief of increase in tariff on account of change in law, increase in coal price due to change in Indonesian Regulations – CERC allowed the petition granting change in law relief for the shortfall in the availability of 100% coal which was upheld by the APTEL – On appeal, held: No document on record that representation was given by APML that its bid is based on 70% domestic and 30% imported coal – APML entitled to benefit on account of the Change in Law if there was any shortfall of 70% of the domestic coal as was decided to be allotted by the SLC (LT) – No error with the concurrent findings that APML entitled to Change in Law relief for 100% of the contracted capacity, which is 70% of the installed capacity of the Project – As regards, the methodology for computation of Change in Law compensation laid down in GMR Kamalanga Energy Ltd.’s case, Haryana Utilities are indulging into approbation and reprobation – After accepting before the CERC that they would adopt the methodology as given in the case of GMR Kamalanga Energy Limited’s case, it would not be appropriate on the part of the appellants-instrumentalities of the State, to change its stand after final orders are passed by the CERC – Thus, the concurrent findings of facts by two expert bodies does not call for interference. |
Judge | Hon'ble Mr. Justice Bhushan Ramkrishna Gavai |
Neutral Citation | 2023 INSC 401 |
Petitioner | Uttar Haryana Bijli Vitran Nigam Ltd. & Anr |
Respondent | Adani Power (mundra) Limited & Ors. |
SCR | [2023] 5 S.C.R. 468 |
Judgement Date | 2023-04-20 |
Case Number | 4143 |
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