Electricity Act, 2003

The appellants, large industrial consumers and captive power generators, challenged the Rajasthan Electricity Regulatory Commission's (RERC) 2016 Open Access Regulations, alleging that they exceeded RERC's jurisdiction over inter‑state open access, imposed unreasonable penalties for drawal variations, required a 24‑hou…

The Kerala State Electricity Board (KSEB) procured power through competitive bidding but accepted tariffs and quantities that deviated from standard bidding guidelines, leading to the execution of Power Supply Agreements (PSAs) for 865 MW. KSEB sought approval of these PSAs from the Kerala State Electricity Regulatory …

The appellant, KKK Hydro Power Ltd, entered into a 3 MW power purchase agreement (PPA) with HPSEB in 2000 fixing a tariff of ₹2.50/kWh, later augmenting the project to 4.90 MW and attempting to raise the tariff to ₹2.95/kWh through a supplementary PPA in 2010 without the Himachal Pradesh Electricity Regulatory Commissi…

The Supreme Court considered appeals by Jaipur Vidyut Vitaran Nigam Ltd. and other distribution licensees challenging an Appellate Tribunal for Electricity (APTEL) order that set aside the Rajasthan Electricity Regulatory Commission's (State Commission) determination of Cross‑Subsidy Surcharges (CSS) effective 1 Decemb…

The appellant, Bangalore Electricity Supply Company Ltd., entered into a Power Purchase Agreement (PPA) with a solar project SPV and a farmer under Karnataka's solar policy, requiring commercial operation within 18 months. Delays occurred in land conversion, evacuation approvals, and other regulatory processes, leading…

Gujarat Urja Vikas Nigam Ltd (GUVNL), successor to Gujarat Electricity Board, entered into a power purchase agreement (PPA) with Essar Power Ltd (EPL) for 300 MW of a 515 MW plant, while EPL had a separate PPA with its sister company Essar Steel Ltd (ESL) for the remaining 215 MW. EPL repeatedly supplied electricity to…

The case concerned a 10 MW solar power project where Chamundeshwari Electricity Supply Company Ltd. (CESC) entered into a Power Purchase Agreement (PPA) with Saisudhir Energy (Chitradurga) Pvt. Ltd. (the Developer) and relied on Karnataka Power Transmission Corporation Ltd. (KPTCL) to commission two 220 kV evacuation l…

The dispute arose from a Coal India notification dated 19‑12‑2017 imposing Evacuation Facility Charges (EFC) on coal dispatches, which the power generator (Adani Power Rajasthan Ltd.) claimed constituted a "change in law" under the Power Purchase Agreement (PPA) with the Rajasthan distribution companies. The generator …

The petitioners sought a blanket prohibition on the installation of overhead transmission lines for solar power across roughly 99,000 square kilometres in Rajasthan and Gujarat, arguing that such lines threaten the critically endangered Great Indian Bustard (GIB). The Supreme Court had earlier ordered the conversion of…

The case concerned compensation disputes arising from the erection of transmission towers and power lines under a 400 kV project that traversed four districts in Haryana. Landowners claimed that the compensation awarded by the District Judges and upheld by the High Court was inadequate, while the contractor sought to l…

Nabha Power Ltd (NPL) and Talwandi Sabo Power Ltd (TSPL) entered into Power Purchase Agreements (PPA) with Punjab State Power Corporation Ltd (PSPCL) for a 700 MW coal‑fired project. They claimed that deemed export benefits under Paragraph 8.3 of the Foreign Trade Policy (FTP) 2009‑2014 were available at the bid cut‑of…

The appellant, Sundew Properties Ltd., was notified by the Ministry of Commerce & Industry as a developer of a Special Economic Zone (SEZ) and claimed that, under the 2010 Notification inserting a proviso to section 14(b) of the Electricity Act, it automatically became a deemed distribution licensee without needing to …

The Himachal Pradesh government entered into an Implementation Agreement with JSW Hydro Energy Ltd (formerly JIL) to supply 12% free power for the first 12 years and 18% thereafter from a 1045 MW hydro project. When the free‑power obligation rose above the 13% cap prescribed in CERC (Terms and Conditions of Tariff) Reg…

Power Grid Corporation of India Ltd (the appellant) sought CERC orders to approve the commercial operation date of its inter‑state transmission assets and to recover compensation for delays caused by Madhya Pradesh Power Transmission Company Ltd (respondent No.1). CERC, exercising powers under s.79(1) of the Electricit…

The Supreme Court examined a petition filed by an individual (respondent No.4) before the Uttar Pradesh Electricity Regulatory Commission (UPERC) seeking an investigation under Section 128 of the Electricity Act, 2003 into a Distribution Franchisee Agreement (DFA) between Torrent Power Limited (the appellant) and the d…

The Himachal Pradesh Power Transmission Corporation Ltd (HPPTC) built a 66 kV Bay at Urni for three generating companies and sought the full construction cost from Brua Hydrowatt Pvt Ltd (BHP), the lead partner, under a Connection Agreement dated 02‑07‑2021. BHP argued that the cost should be shared proportionately wit…

The Supreme Court considered two civil appeals challenging the Appellate Tribunal for Electricity's (APTEL) dismissal of appeals that upheld the Central Electricity Regulatory Commission's (CERC) orders directing Haryana utilities to pay supplementary bills for change‑in‑law adjustments. The disputes centered on whethe…

The appellants, guarantors of a term loan granted by the Haryana State Industrial and Infrastructure Development Corporation (HSIDC) to Khemka Ispat Ltd, faced recovery notices under the Haryana Public Moneys (Recovery of Dues) Act, 1979 and the State Financial Corporation Act, 1951 after the loan defaulted. They conte…

The Rajasthan Electricity Regulatory Commission (State Commission) was asked to approve the procurement of 1,000 MW of power through a competitive bidding process. After negotiations, the Commission approved only 500 MW and adopted the tariffs of the lowest bidders, while the higher‑priced bids of L‑4 and L‑5 were reje…

The three Delhi distribution companies (BSES Rajdhani Power Ltd., BSES Yamuna Power Ltd., and Tata Power Delhi Distribution Ltd.) challenged the Delhi Electricity Regulatory Commission’s (DERC) tariff orders that created and perpetuated a large regulatory asset to bridge revenue gaps, which had ballooned to over Rs 27,…

Powergrid Corporation of India Ltd., a central transmission utility, suffered failure of three inter‑connecting transformers (ICTs) in its Rihand I system in 2006 and temporarily replaced them with transformers from its Rihand II system. Powergrid sought de‑capitalisation of the removed ICTs and additional capitalisati…

Gujarat Urja Vikas Nigam Limited (GUVNL) entered into power purchase agreements (PPAs) with four wind‑energy companies, fixing a tariff of Rs 3.56 per kWh that was applicable only to projects availing accelerated depreciation under the Income‑Tax Act. The respondents later approached the Gujarat Electricity Regulatory …

The Municipal Corporation of Delhi (MCD) sought approval from the Delhi Electricity Regulatory Commission (DERC) to conduct a tariff‑based competitive bidding for a 28 MW waste‑to‑energy (WTE) project at Narela Bawana, invoking Section 63 of the Electricity Act, 2003. The Waste to Energy Research & Technology Council c…