Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Electricity– Change in Law– SHAKTI Policy if amounts to Change in Law – |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Electricity Act, 2003 (36 of 2003) |
Case(s) Referred | Referred Case 0 Referred Case 1 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Electricity– Change in Law– SHAKTI Policy, if amounts to Change in Law – ADANI Power Maharashtra Limited (APML) and Maharashtra State Electricity Distribution Company Limited (MSEDCL) entered into four long term Power Project Agreements(PPAs) – APML filed petition seeking compensation in Tariff on account of Change in Law under the PPAs before Maharashtra Electricity Regulatory Commission (MERC) – Allowed –Subsequently, APML filed a fresh petition before MERC seeking relief in support of Change of Law under the respective PPAs for non-availability/short supply of domestic coal under SHAKTI Policy after March, 2017, which was allowed– Cross-appeals filed before APTEL – Appeal filed by MSEDCL was dismissed while that of APML was allowed – Held: If there is a Change in any consent, approval or licence available/obtained for the project, otherwise than for the default of the seller, which results in any change in any cost of the business of selling electricity, then the said seller will be governed under Clause 13.1.1 of the PPA – Modification to NCDP 2007 by the communication dtd. 31st July 2013 amounts to Change in Law and the generating companies are entitled to compensation on account of such Change in Law – SHAKTI Policy also reduces the ACQ as assured under the 2007 NCDP and thus,will also have to be held to be Change in Law – Further, the restitutionary principle will also be applicable on account of change occurring due to the introduction of SHAKTI Policy – View taken by APTEL is neither in ignorance of the mandatory statutory provisions nor based on extraneous consideration or ex-facie arbitrary/illegal – Thus, no interference warranted. |
Judge | Hon'ble Mr. Justice Bhushan Ramkrishna Gavai |
Neutral Citation | 2023 INSC 400 |
Petitioner | Maharashtra State Electricity Distribution Company Limited |
Respondent | Adani Power Maharashtra Limited And Another |
SCR | [2023] 5 S.C.R. 668 |
Judgement Date | 2023-04-20 |
Case Number | 677- 678 |
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