Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Designation of entity Deemed licensee status Condition to infuse additional capital Reading up Statutory interpretation SEZ developer Legislative intent Deemed licence 2010 Notification Lack of specificity Deemed distribution licensee Subordinate legislation Reading down Primary legislation |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Andhra Pradesh Reorganisation Act, 2014 (6 of 2014) Andhra Pradesh Electricity Regulatory Commission (distribution Licence) Regulations, 2013 (10 of 2013) Special Economic Zones Act, 2005 (28 of 2005) Electricity Act, 2003 (36 of 2003) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Whether the designation of an entity as a Special Economic Zonedeveloper ipso facto qualifies the entity to be a deemed distribution licensee, obviating the need for an application u/s. 14 of the Electricity Act; whether Regn 12 of the Andhra Pradesh Electricity Regulatory Commission (Distribution Licence) Regulations, 2013, and by implication r. 3(2) of the Distribution of Electricity Licence (Additional Requirements of Capital Adequacy, Creditworthiness and Code of Conduct) Rules, 2005 are applicable to a SEZ developer recognised as a deemed distribution licensee under the proviso to s. 14(b) read with Regn 13 of the 2013 Regulations; and whether the condition imposed by the State Electricity Regulatory Commission to infuse additional capital as per r. 3(2) of the 2005 Rules read with Regn 12 of the 2013 Regulations, justifiable or extraneous.Headnotes Electricity Act, 2003 – s. 14(b) proviso – Distribution of Electricity Licence (Additional Requirements of Capital Adequacy, Creditworthiness and Code of Conduct) Rules, 2005 – r. 3(2) – Andhra Pradesh Electricity Regulatory Commission (Distribution Licence) Regulations, 2013 – Regns 12, 13 – Application for grant of Distribution Licence in the area of supply of an existing Distribution Licensee – Procedure to get identified as deemed distribution licensee – On facts, designation of an entity-appellant as a Special Economic Zone-SEZ developer by the Ministry – Appellant, if ipso facto qualifies the entity to be a deemed distribution licensee, obviating the need for an application u/s. 14 – Regn 12 of the 2013 Regulations and by implication r. 3(2) of the 2005 Rules, if applicable to a SEZ developer recognised as a deemed distribution licensee under the proviso to s. 14(b) read with Regn 13 of the 2013 Regulations – Condition imposed by the State Electricity Regulatory Commission to infuse additional capital as per r. 3(2) of the 2005 Rules read with Regn 12 of the 2013 Regulations, if justifiable or extraneous |
Judge | Hon'ble Mr. Justice Dipankar Datta |
Neutral Citation | 2024 INSC 439 |
Petitioner | M/s Sundew Properties Limited |
Respondent | Telangana State Electricity Regulatory Commission & Anr. |
SCR | [2024] 5 S.C.R. 739 |
Judgement Date | 2024-05-17 |
Case Number | 8978 |
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