Electricity – Change in Law – A new regime for allocation of coal under SHAKTI Policy was brought into effect in 2017 whereunder, the projects approved under the old regime were entitled to continue to get supply of 75% of the Assured Coal Quantity (ACQ) even beyond 31st March 2017 – Contending that there was a shortfall from 75% ACQ, first respondent filed petition claiming relief for shortfall on account of Change in Law – Claim allowed by CERC – Appeal filed by appellants before APTEL, dismissed – Held: All the grounds raised before APTEL were raised and considered, and held against DISCOMs in the appeals filed by Maharashtra State Electricity Distribution Company Limited – Findings given by APTEL in the present case are identical with the findings given in the judgment and order dtd.28.09.2020, upheld in C.A Nos. 677-678 of 2021 – Concurrent view taken by the CERC and APTEL is neither in ignorance of the mandatory statutory provisions nor based on extraneous consideration or ex-facie arbitrary/illegal – Thus, no interference warranted. Energy Watchdog v. Central Electricity Regulatory Commission and Others (2017) 14 SCC 80;
Maharashtra State Electricity Distribution Company Limited (MSEDCL) v. Adani Power Maharashtra Limited (APML) and Others 2023 SCC OnLine SC 233 –
referred to.
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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