Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Electricity Regulatory Act 1998 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Electricity Regulatory Commission Act, 1998 (14 of 1998) |
Case(s) Referred | Referred Case 0 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Electricity Regulatory Act, 1998 – The Maharashtra State Electricity Regulatory Commission (MERC) quashed circular No. 602 dated 23.07.1998, Circular No. 619 dated 25.05.1999, Circular No. 627 dated 02.09.1999, Circular No. 651 dated 19.09.2000 and Circular No. 663 dated 05.10.2001, insofar as they purport to impose “take or pay” obligation and minimum off-take requirement as also of any additional tariff for captive power plant holders on the ground that there was no approval of the MERC constituted in terms of the provisions of the Electricity Regulatory Act, 1998 – The appellant-MSEDCL was directed to make refund to respondent nos. 3 to 7 – Appeal preferred by MSEDCL was dismissed by the Appellate Tribunal for Electricity (APTEL) – Before the Supreme Court, the appellant-MSEDCL contended that MERC was constituted on 05.08.1999, its approval was not required with regard to two circulars issued before the said date – Held: The circular issued before the Commission was constituted could not have been quashed on the ground that Maharashtra State Electricity Board (MSEB) had no power to issue them without the approval of the Commission – In Binani Zinc Limited, the Supreme court held that before Commission came into existence, the power was to be exercised by the State Electricity Board – Therefore, the circulars and the policy decisions issued before the establishment of the Commission were illegally set aside – Insofar as refund order is concerned, it is apparent from the additional affidavit filed by the appellant-MSEDCL that the respondents used supply of electricity to manufacture their products – The cost incurred on production has been passed on to the buyers/ consumers buying their products – In the peculiar facts of the case, as the Commission earlier opined in order dated 10.01.2002 that Captive Power Plant Policy is a policy matter and it did not decide as to the merits of subject matter as prayer for approval was made by the appellant- MSEDCL – The Commission without considering on merits the reasonableness of the demand, quashed the circulars – It would not be appropriate in the peculiar facts of the case to direct refund to be made by the appellant-MSEDCL of the amount recovered by it as it would tantamount to unjust enrichment – Consequently, the orders passed by the Commission as well as the APTEL set aside and in the peculiar facts and circumstances of the case, the order concerning a refund of amount recovered also set aside. |
Judge | Hon'ble Mr. Justice Arun Mishra |
Neutral Citation | 2020 INSC 230 |
Petitioner | Maharashtra State Electricity Distribution Co. Ltd. |
Respondent | Union Of India And Other |
SCR | [2020] 3 S.C.R. 1048 |
Judgement Date | 2020-02-28 |
Case Number | 4304 |
National Digital Library of India (NDLI) is a virtual repository of learning resources which is not just a repository with search/browse facilities but provides a host of services for the learner community. It is sponsored and mentored by Ministry of Education, Government of India, through its National Mission on Education through Information and Communication Technology (NMEICT). Filtered and federated searching is employed to facilitate focused searching so that learners can find the right resource with least effort and in minimum time. NDLI provides user group-specific services such as Examination Preparatory for School and College students and job aspirants. Services for Researchers and general learners are also provided. NDLI is designed to hold content of any language and provides interface support for 10 most widely used Indian languages. It is built to provide support for all academic levels including researchers and life-long learners, all disciplines, all popular forms of access devices and differently-abled learners. It is designed to enable people to learn and prepare from best practices from all over the world and to facilitate researchers to perform inter-linked exploration from multiple sources. It is developed, operated and maintained from Indian Institute of Technology Kharagpur.
Learn more about this project from here.
NDLI is a conglomeration of freely available or institutionally contributed or donated or publisher managed contents. Almost all these contents are hosted and accessed from respective sources. The responsibility for authenticity, relevance, completeness, accuracy, reliability and suitability of these contents rests with the respective organization and NDLI has no responsibility or liability for these. Every effort is made to keep the NDLI portal up and running smoothly unless there are some unavoidable technical issues.
Ministry of Education, through its National Mission on Education through Information and Communication Technology (NMEICT), has sponsored and funded the National Digital Library of India (NDLI) project.
Sl. | Authority | Responsibilities | Communication Details |
---|---|---|---|
1 | Ministry of Education (GoI), Department of Higher Education |
Sanctioning Authority | https://www.education.gov.in/ict-initiatives |
2 | Indian Institute of Technology Kharagpur | Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project | https://www.iitkgp.ac.in |
3 | National Digital Library of India Office, Indian Institute of Technology Kharagpur | The administrative and infrastructural headquarters of the project | Dr. B. Sutradhar bsutra@ndl.gov.in |
4 | Project PI / Joint PI | Principal Investigator and Joint Principal Investigators of the project |
Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon |
5 | Website/Portal (Helpdesk) | Queries regarding NDLI and its services | support@ndl.gov.in |
6 | Contents and Copyright Issues | Queries related to content curation and copyright issues | content@ndl.gov.in |
7 | National Digital Library of India Club (NDLI Club) | Queries related to NDLI Club formation, support, user awareness program, seminar/symposium, collaboration, social media, promotion, and outreach | clubsupport@ndl.gov.in |
8 | Digital Preservation Centre (DPC) | Assistance with digitizing and archiving copyright-free printed books | dpc@ndl.gov.in |
9 | IDR Setup or Support | Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops | idr@ndl.gov.in |