Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 62 2003 ~ ss. 61 Electricity Act 64 and 86 — Tariff under a Power Purchase Agreement (PPA) ~ Review of |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Electricity Act, 2003 ~ ss. 61,62, 64 and 86 — Tariff under a Power Purchase Agreement (PPA) ~ Review of — Whether permissible by State Electricity Regulatory Commission — Held: Determination and fixation of tariff is a statutory function to be performed by the Commission, in exercise of its powers u/s. 86(1)(b) in consonance with the principles enuniciated by the Electricity Act — Under Regulation 31 of Gujarat Electricity Regulatory Contunission (Multi Year Tariff) Regulations, 2016, tariff fixed is subject to periodic review — Further under Regulation 23 of 2016 Regulations, adjustinent in tariff is permissible on account of uncontrollable factors ~ Thus, in view of s. 86(1)(b), the Court must lean in favour of flexibility and not read inviolability in terins of the agreement — Court to lean in favour of such a view also in view of ss. 14 and 21 of General Clauses Act - Gujarat Electricity Regulatory Commission (Multi Year Tariff} Regulations, 2016 — Regulations 23 and 3] — General Clauses Act, 1897 - ss. 14 and 21. |
Judge | Honble Mr. Justice Ranjan Gogoi |
Neutral Citation | 2016 INSC 500 |
Petitioner | Gujarat Urja Vikas Nigam Limited |
Respondent | Tarini Infrastructure Ltd. & Ors. |
SCR | [2016] 5 S.C.R. 990 |
Judgement Date | 2016-07-05 |
Case Number | 5875 |
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