Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Change in Law Electricity Laws Inter Plant Transfer |
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 Allowed |
Headnote | Electricity Laws : Change in Law – Inter Plant Transfer-IPT of coal, if qualifies as a Change in Law event – Respondent No.1-company entered into Power Project Agreements with the appellants-Haryana Utilities for supply of power – Respondent no.1 filed petition claiming compensation on account of change in New Coal Distribution Policy, 2007 – Electricity Regulatory Commission-CERC allowed compensation towards certain ‘Change in Law’ events – However, the appellate tribunal held that the communication dated 19th June 2013 issued by Coal India Limited-CIL providing for Inter Plant Transfer not to be a ‘Change in Law’ event; and that change in law compensation to be calculated as Assured Coal Quantity-actual supply – Sustain ability of – Held: Finding of APTEL that the communication dated 19th June 2013 permitting Inter Plant Transfer is not a ‘Change in Law’, not sustainable – Said communication refers to the decision of the CIL taken in its meeting whereby the transfer of coal which was not allowed hitherto, has been allowed only between the power plants owned by the purchaser or its wholly owned subsidiary – Communication reflects the decision of CIL, which is an Government instrumentality having a force of law – As such, the tribunal erred in holding the said communication providing for IPT does not to amount to ‘Change in Law’, thus, the finding of the APTEL is set aside – IPT amounts to ‘Change in Law’ – Allowing ‘Change in Law’ compensation on the basis of ACQ-actual supply upheld – Matter remitted to CERC for working out the effect of the ‘Change in Law’. Words and Phrases: Law – Meaning thereof. |
Judge | Hon'ble Mr. Justice Bhushan Ramkrishna Gavai |
Neutral Citation | 2023 INSC 403 |
Petitioner | Uttar Haryana Bijli Vitran Nigam Limited And Another |
Respondent | Adani Power (mundra) Limited And Another |
SCR | [2023] 4 S.C.R. 1095 |
Judgement Date | 2023-04-20 |
Case Number | 2908 |
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