Supreme Court judgments on Electricity Act, 2003

37 judgments, latest first, from 2018 to 2026. Listed when the Supreme Court Reports file the judgment's headnote under this Act, as printed at the start of the headnote. Judgments that only mention it in passing are not listed.

Sections

Section 61 5 Section 62 5 Section 63 6 Section 86 10

Indian Railways vs West Bengal State Electricity Distribution Company Limited & Ors.

SC · 8 May 2026

[2026] 5 S.C.R. 479 : 2026 INSC 464

The specific issues which arise for determination are: (i) Whether the activities provided u/s.11(g) and (h) of the Railways Act pass muster of “distribution” of electricity, and whether such activities are a necessary p…

Delhi Electricity Regulatory Commission vs Tata Power Delhi Distribution Limited

SC · 7 May 2026

[2026] 5 S.C.R. 441 : 2026 INSC 461

Whether the depreciation under the applicable tariff regulations must necessarily be allowed over the entire technical useful life of an asset irrespective of the period during which the asset is actually utilised for su…

Haryana Power Purchase Centre (HPPC) and Others vs GMR Kamalanga Energy Limited and Others

SC · 8 September 2025

[2025] 9 S.C.R. 663 : 2025 INSC 1079

The APTEL dismissed the appeals (Appeal no.135 of 2018 along with Appeal no.54 of 2019) and upheld the order dated 20.03.2018 passed by the Central Electricity Regulatory Commission (CERC) in Petition No.105/MP/20173.

M/s KKK Hydro Power Limited vs Himachal Pradesh State Electricity Board Limited and Others

SC · 29 August 2025

[2025] 8 S.C.R. 2350 : 2025 INSC 1057

Himachal Pradesh Electricity Regulatory Commission (Commission) rejected the appellant’s petition for payment of arrears at an enhanced tariff for the electricity supplied by it to the Himachal Pradesh State Electricity…

Chamundeshwari Electricity Supply Company Ltd. (CESC) vs Saisudhir Energy (Chitradurga) Pvt. Ltd. & Anr.

SC · 25 August 2025

[2025] 8 S.C.R. 1493 : 2025 INSC 1034

The following questions arise for determination: (i) the effect of respondent no.2/KPTCL’s delay in commissioning the 220 kV evacuation system upon the timelines stipulated for fulfilment of the CPs and achievement of CO…

Nabha Power Limited vs Punjab State Power Corporation Limited and Others

SC · 19 August 2025

[2025] 8 S.C.R. 1308 : 2025 INSC 1002

Issue arose whether deemed export benefits under Para 8.3 of Foreign Trade Policy 2009-2014-FTP were legitimately available to the appellants as of the bid cut-off date and would notifications by Directorate General of F…

BSES Rajdhani Power Ltd. & Anr. vs Union of India and Ors.

SC · 6 August 2025

[2025] 8 S.C.R. 1875 : 2025 INSC 937

Legal position and status of a regulatory asset; its position in the regulatory regime for determination of tariff; the rights and liabilities of stakeholders; consequences of regulatory failure to manage the regulatory…

Gujarat Urja Vikas Nigam Limited vs Green Infra Corporate Wind Private Limited and Others Etc.

SC · 4 August 2025

[2025] 8 S.C.R. 345 : 2025 INSC 922

Whether the four respondent companies were entitled to approach the Gujarat Electricity Regulatory Commission (GERC) for determination of the tariff for procurement of power by Appellant-GUVNL from their wind energy proj…

The State of Himachal Pradesh & Anr. vs JSW Hydro Energy Limited & Ors.

SC · 16 July 2025

[2025] 7 S.C.R. 1104 : 2025 INSC 857

The primary issues arising for consideration are: first, whether the CERC Regulations, 2019 bar respondent no. 1 from supplying free power to the appellant-State beyond 13%; and second, whether respondent no. 1 could hav…

Torrent Power Limited vs U.P. Electricity Regulatory Commission & Ors.

SC · 14 July 2025

[2025] 7 S.C.R. 693 : 2025 INSC 838

The appellant, Torrent Power Limited, was appointed as a Distribution Franchisee by Dakshinanchal Vidyut Vitran Nigam Limited (DVVNL) under a Distribution Franchisee Agreement dated 18.05.2009 and a Supplementary Agreeme…

Jaipur Vidyut Vitran Nigam Ltd. & Ors. vs Adani Power Rajasthan Ltd. & Anr.

SC · 23 May 2025

[2025] 5 S.C.R. 2486 : 2025 INSC 770

Issue pertains to whether the notification by the Coal India imposing Evacuation Facility Charges constituted a change in law under the Power Purchase Agreement; and as regards the interpretation of Article 10.2.1 vis-à-…

Power Grid Corporation of India Limited vs Madhya Pradesh Power Transmission Company Limited & Ors.

SC · 15 May 2025

[2025] 5 S.C.R. 2062 : 2025 INSC 697

(i) Whether the CERC, while exercising its functions u/s.79(1) of the Electricity Act, 2003, is circumscribed by statutory regulations enacted u/s.178 of the Act, 2003; (ii) Whether the CERC exercises regulatory or adjud…

Jaipur Vidyut Vitaran Nigam Limited and Ors. vs Rajasthan Textile Mills Association & Anr. Etc.

SC · 29 April 2025

[2025] 4 S.C.R. 2028 : 2025 INSC 592

Issue relates to the determination of the Cross-Subsidy Surcharges by the Rajasthan Electricity Regulatory Commission (State Commission).

Ramayana Ispat Pvt. Ltd. and Anr. vs State of Rajasthan & Ors.

SC · 1 April 2025

[2025] 4 S.C.R. 436 : 2025 INSC 424

i) Whether the Rajasthan Electricity Regulatory Commission (RERC) has the jurisdiction to regulate inter-state open access under the Electricity Act, 2003; ii) Whether the imposition of penalties for variations in drawal…

Municipal Corporation of Delhi vs Gagan Narang & Ors. Etc.

SC · 2 January 2025

[2025] 1 S.C.R. 239 : 2025 INSC 2

Whether the application under Section 63 of the Electricity Act, 2003 could have been made by the Appellant-MCD, a “local authority” within the meaning of Section 2(41) of the Act.

Nabha Power Limited & Anr. vs Punjab State Power Coroporation Limited & Anr.

SC · 5 November 2024

[2024] 11 S.C.R. 445 : 2024 INSC 833

Issue arose as to whether the press release of 01.10.2009 announcing the decision of the Union Cabinet about approval of certain modifications envisaged in the then existing mega power policy, is covered within the meani…

The Madhya Pradesh Madhya Kshetra Vidyut Vitran Company Limited & Ors. vs Bapuna Alcobrew Private Limited & Anr.

SC · 4 November 2024

[2024] 11 S.C.R. 340 : 2024 INSC 829

Issue arose as to whether s.56(2) of the Electricity Act, 2003 has application to a demand raised by appellants-distributor on the first respondent for recovery of sums payable under the Electricity Act, 1910 and, whethe…

Kerala State Electricity Board Ltd. vs Jhabua Power Limited and Others

SC · 30 September 2024

[2024] 9 S.C.R. 971 : 2024 INSC 768

Whether the Appellate Tribunal for Electricity (APTEL) was right in passing the impugned judgment holding that the Kerala State Electricity Regulatory Commission (KSERC) was not bound by the directives of the State Gover…

Bangalore Electricity Supply Company Limited vs Hirehalli Solar Power Project LLP & Others

SC · 27 August 2024

[2024] 8 S.C.R. 1024 : 2024 INSC 631

Whether the extension of the Scheduled Commissioning Date (SCD) was occasioned under the force majeure clause of the Power Purchase Agreement (PPA), and consequently, whether the reduction in tariff payable to the respon…

M/s Sundew Properties Limited vs Telangana State Electricity Regulatory Commission & Anr.

SC · 17 May 2024

[2024] 5 S.C.R. 739 : 2024 INSC 439

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…

Jaipur Vidyut Vitran Nigam Ltd. & Ors. vs MB Power (Madhya Pradesh) Limited & Ors.

SC · 8 January 2024

[2024] 1 S.C.R. 909 : 2024 INSC 23

State Commission held that the tariffs offered by the L-4 and L-5 bidders were not aligned to the prevailing market prices. In appeal by L-5, APTEL held that the State Commission had to necessarily adopt the tariff and h…

Case Details M/s. Dakshin Gujarat Vij Company Limited vs M/s. Gayatri Shakti Paper and Board Limited and Another, etc.

SC · 9 October 2023

[2023] 15 S.C.R. 344 : 2023 INSC 886

Eligibility criteria for a Captive Generating Plant (CGP)/captive user u/r.3(1)(a) of the Electricity Rules, 2005; Interpretation of the second proviso u/r.3(1)(a) of the Rules and the words “association of persons”; Whe…

K. C. Ninan vs Kerala State Electricity Board & Ors.

SC · 19 May 2023

[2023] 9 S.C.R. 637 : 2023 INSC 560

Electricity Act, 2003 – ss. 42 and 61 – Liability of subsequent owner to pay electricity charges due on previous owner – Whether the arrears of unpaid electricity dues outstanding from the erstwhile owner can be claimed…

Kerala State Electricity Board & Ors. vs Thomas Joseph alias Thomas M. J. & Ors.

SC · 16 December 2022

[2022] 9 S.C.R. 85 : 2022 INSC 1293

Electricity Act, 2003: ss.126 and 127 – Unauthorised use of electricity – Consumption of electricity by consumers in excess of the connected load/contracted load whether amount to ‘unauthorised use of electricity’ under…

M. P. Power Management Company Limited, Jabalpur vs M/s. Sky Power Southeast Solar India Private Limited & Others

SC · 16 November 2022

[2022] 5 S.C.R. 1 : 2022 INSC 1208

Electricity Laws – Electricity Act, 2003 – ss.63 and 62 – Contract – Non-statutory contract – Power Purchase Agreement (PPA) entered into by the appellant and the first respondent, if a statutory contract – Held: The PPA…

M/s. Jindal Steel and Power Limited vs The Chhattisgarh State Electricity Regulatory Commission and Ors.

SC · 29 September 2022

[2022] 7 S.C.R. 378 : 2022 INSC 1036

Electricity Act, 2003: s.14 – Distribution licence/minimum area of supply u/s.14 of the 2003 Act granted to appellant-JSPL by the Chattisgarh State Electricity Regulatory Commission (Commission) – Cancellation of, by the…

Chhattisgarh State Power Distribution Company Ltd. vs Chhattisgarh State Electricity Regulatory Commission and Another

SC · 12 May 2022

[2022] 3 S.C.R. 798 : 2022 INSC 557

Electricity Act, 2003: s. 9 rw s. 2(8) – Electricity Rules, 2005 – r. 3 – Captive generation plant – Requirement of – On facts, SBPIL established a captive generation plant and SBMPL is its sister concern – Petition by S…

Southern Power Distribution Power Company Limited of Andhra Pradesh (Apspdcl) & Anr. vs M/s Hinduja National Power Corporation Limited & Anr.

SC · 2 February 2022

[2022] 8 S.C.R. 198 : 2022 INSC 136

Electricity Act, 2003 – ss. 61, 62, 64 and 86 – Power Purchase Agreement(PPA) – Appellants-distribution companies (DISCOMS) were to purchase 100% power generated by respondent no.1HNPCL – O.P. No.21 of 2015 filed by HNPC…

Jaipur Vidyut Vitaran Nigam Ltd. & Ors. vs Adani Power Rajasthan Limited & Anr.

SC · 31 August 2020

[2020] 12 S.C.R. 301 : 2020 INSC 521

Electricity Act, 2003 – s.63 – ‘Change in law’ compensation – Appellant is electricity Distribution Licensee in the State of Rajasthan – It entered into a Power Purchase Agreement (PPA) on 28.1.2010 with Adani Power Raja…

Kerala State Electricity Board Rep. by Its Secretary & Anr. vs Principal Sir Syed Institute for Technical Studies & Ors.

SC · 20 February 2020

[2020] 7 S.C.R. 885 : 2020 INSC 218

Electricity Act, 2003 – s.62(3) – Scope of – Tariff notification issued by appellant – Respondents-Self-Financing Educational Institutions (SFEIs) were segregated from State run and State aided private educational instit…

All Acts · Topics · Judges