Maharashtra State Electricity Distribution Company Limited Vs. Adani Power Maharashtra Limited

Decided On : Mar-03-2023

Court : Supreme Court of India

LAW: Paras 1 and 2 II, Paras 84 to 93 VII, Proposal 25, Section 63, the Electricity Act, the Electricity Act, Article 10 of the 1200, Article 10.1.2, Article 10.2, Article 10.2.1, Article 10, Article 10, Article 10.3, Article 10.3.1, Article 10.3.2, Article 10.3.4, the MYT Regulations, the Tariff Regulations, the Competitive Bidding Guidelines 2005, Section 63, the Electricity Act, Article 13 of the PPA, Article 13.1 of the PPA i.e., Case 2, Case 1, Section 63, Section 62, the Tariff Regulations, Section 63, Section 63, the Electricity Act, Section 63, the Electricity Act, the Tariff Regulations, the Electricity Act, Article 8.3.5, the Competitive Bidding Guidelines, Section 63, the Electricity Act, section 63, Case 1, Section 4, the Land 54 Acquisition Act, Tariff Structure, Tariff Structure 4.1, Case 1 and Case 2, the Electricity Act, Section 79(1)(b, the Electricity Act, Section 3 of the Act, Article 10.2.1, Article 13, Article 13.2, Article 13.4.1(i, Article 13.2, Article 13 of the PPA, Article 13 of the PPA, Section 70, the Electricity Act, Section 70, the Electricity Act, Section 73, the Electricity Act, Section 76, the Electricity Act, the Electricity Act, Section 77, Section 77, the Electricity Act, the Section 77, the Electricity Act, Section 77, the Electricity Act, Section 79, the Electricity Act, Section 79, Section 82, the Electricity Act, Section 83, the Electricity Act, Section 84, Section 84, the Electricity Act, Section 79, Section 86, the Electricity Act 97, Section 86, the Electricity Act, the Electricity Act, the Electricity Act, Tariff Regulations of the Commission

ORG: THE SUPREME COURT OF INDIA CIVIL, I. INTRODUCTION, ACQ - Annual Contracted Quantity 2, APML - Adani Power Maharashtra Limited 3, APTEL - Appellate Tribunal for Electricity 4, C&AG - Comptroller, CCEA - Cabinet Committee on Economic Affairs, CERC - Central Electricity Regulatory Commission, CIL - Coal India Limited, CPP - Captive Power, FSA, GCV - Gross Calorific Value 12, GMR, GMR Energy Trading Limited, IPPs - Independent Power Producers, LoA - Letter of Assurance 16, MERC, Maharashtra Electricity Regulatory Commission, MoC - Ministry of Coal 18, MoP - Ministry of Power 19, PLF - Plant Load Factor, PPAs - Power Purchase, PSA - Power Sale Agreement 24, RFP - Request, SHR - Station Heat Rate 27, Civil Appeal, Maharashtra State Electricity Distribution Company Limited, Power Purchase Agreements, Adani Power Maharashtra Limited, APML, MW PPA, MW, MW PPA, MW, MW, MW, the Ministry of Power, MW PPA, Law”.7, Change, Party, Party, Change, Party, Appropriate Commission, the Appropriate Commission, the Government of India, the Ministry of Coal, the New Coal Distributional Policy, NCDP, FSA, Coal India Limited, CIL, NCDP, CIL, CIL, CIL/Coal Companies, NCDP, APML, Western Coal Limited, Letters of Assurance, APML, FSA, APML, FSA, the Cabinet Committee on Economic Affairs, the Government of India, the Ministry of Coal, Office Memorandum, ACQ, FSA, MW TPPs, CIL, FSA, CIL, MoP, the Central Electricity Regulatory Commission, CERC, State Electricity Regulatory Commissions, APML, APML, Maharashtra Electricity Regulatory Commission, MERC, MERC, MoP, MERC, APML, MERC, inter alia, MERC, APML, MERC, MERC, MoP, Tariff Policy, Tariff Policy, the Appropriate Commission, APML, the Appellate Tribunal for Electricity, MERC, MERC, APTEL, APML, MERC, Court, Energy Watchdog v. Central 10 Electricity Regulatory Commission, others1, MERC, APML, MW, CIL, NCDP, the Station Heat Rate, APML, the Gross Calorific Value, APML, APTEL, APTEL, MERC, SHR and Auxiliary Consumption, MERC, LoA/FSA/MoU, MERC, Change, MW, CIL, APTEL, APML, SHR, MERC, SHR, APML, APTEL, MERC, APTEL, NCDP, APTEL, Generators, Regulations, Court, Civil Appeal, FACTS IN CIVIL APPEAL NO.6927, CERC, APTEL, GMR Warora Energy Ltd., GMR, MW, Dadra & Nagar, Haveli, DNH, GMR, GMR, MW, MW, Electricity Department, DNH, MW, GMR Energy Trading Limited, GMRETL, GMR, TANGEDCO, GMRETL, TANGEDCO, GMR, TANGEDCO, GMR, GMRETL, GMRETL, TANGEDCO, PPA, GMR, DNH, Commission, GMR, GMR, APTEL, Commission, DNH Power Distribution Company Ltd, GMR, Change, GMR, Service Tax & Swachh Bharat Cess, Commission, SHR, CERC, CERC, MW, CERC, Heat Rate, the Design Heat Rate, the Design Heat Rate, Heat Rate, CERC, Change, CERC, APTEL, APTEL, Court, Additional Solicitor General, the State Electricity Distribution Companies, APML, GMR, the Distribution Companies, SHR, SHR, SHR, Generating Companies/ Generators, SHR, RFP, SHR, Change, APTEL, Court, the Case of Energy Watchdog, NCDP2013is, the Central Government, Change, CIL, Generators, CIL, CIL, Court, NCDP2013is, LoA/FSA, NCDP, LoA, Reliance, Court, Jaipur Vidyut Vitaran Nigam Ltd., Adani Power Rajasthan Limited, Court, Energy Watchdog, APTEL, SHR, SHR, SHR, SHR, SHR, SHR, SHR, CIL, SHR, APTEL, Appeal, SHR, SHR, SHR, Change, Change, SHR, Tariff Regulations, MERC, the Central Government, the Central Electricity Regulatory Commission, the Central Government, Commission, SHR, APTEL, the Coal Company, the Power Plant, Coal Company, Generators, Generators, Generators, Generators, Generators, Coal Companies, the Generators/Generating Companies, MoP, Change, APTEL, Court, FSA, the State Government, Court, Nabha Power Limited, NPL, Punjab State Power Corporation Limited, the Distribution Licensees/DISCOMS, the Coal Companies, CERC, Generating Companies, CIL, CIL, ACQ, NCDP, Court, Energy Watchdog, MoP, SHR, SHR, SHR, SHR, SHR, APTEL, Wardha Power, Reliance Infrastructure & Ors.4, SHR, Change, Wardha Power, Court, APTEL, SHR and Auxiliary, Court, MERC, JSW, SHR, Change, SHR, Energy Auditors, CERC, SHR, Auxiliary Consumption, CERC Regulations, a Third Party Sampling Agency, Commission, SHR, APML, APTEL, Change, SHR, Change, CERC, APTEL, SHR, SHR, Change, CIL, CIL, ACQ, CIL, the Generating Companies/Generators, CERC, MoP, MoP, Court, Energy Watchdog, CIL, Court, Court, Energy Watchdog, UHBVNL, Adani Power Limited, FSA, GMR, GMR, SHR, the Plant Load Factor, PLF, PLF, SHR, kCal, fed, SHR, GMR, Normative PLF, SHR, CERC, kCal, kCal, the Central Electricity Authority, GMR, APML, Rattan India Power Limited, GMR, CERC, MERC, CERC, APTEL, GMR, Reliance, Court, Maharashtra State Electricity Distribution Company Limited, Maharashtra Electricity Regulatory Commission, others6, Tamil Nadu Generation & Distribution Corporation, PPN Power Generating Company Private, MoP, Guidelines, Guidelines, Guidelines, Normative Availability, Government of India, RLNG, the Government of India, Regulatory Commission, the Government of India, RFP, Appropriate Commission, Change, RFP, Appropriate Commission, Power Utilities, Independent Power Producers, Independent Power Producers, Fertilizer, FSA, Coal India Limited, CIL, CIL, Ministry of Coal, FSA, CIL, CIL, MoC, CIL, CIL/Coal, CIL, CIL, CIL/Coal Companies, MoP, CERC, the New Coal Distribution Policy, NCDP, CIL, NCDP, CIL, CIL/Coal, PLF, Bank Guarantee, LOA, FSA, CIL, Ministry of Col, CIL, ACQ, PLF, CIL, CIL, The Association of Power Producers, The Cabinet Committee on Economic Affairs, LOA, CIL, CIL, CERC, CIL, CERC, MoP, CERC, CIL, MoC, PLF, Bank Guarantees, LoA, LoA, FSA, CIL, PPAs.66, MoC, CIL, ACQ, PLF, CIL, LoA, CCEA, CIL, CIL, CERC, CIL, CERC, MoP, Communication, CERC, Statutory Advice, Commission, Commission, the Central Electricity Authority, CEA, the Plant Load Factor, PLF, CIL/Coal, CIL, NCDP, CIL, CIL, CERC, the Central Electricity Authority, CEA, PLF, CIL/Coal Companies, CIL, NCDP, CIL, CIL, the Project Developer, Commission, Commission, Commissions, the Project Developers, CERC, the Project Developer, Commission, Commissions, the Project Developers, MoC, Press Release, Press Release, The Cabinet Committee on Economic Affairs, Coal India Ltd., CIL, FSA, MW, Power Purchase Agreements, Annual Contracted Quantity, ACQ, FSA, CIL, MoC, CERC, MoC, the New Coal Distribution Policy, CERC, Commissions, ACQ, CCEA, CIL, FSA, the Government of India, Office Memorandum, Office Memorandum, The New Coal Distribution Policy, Ministry's Office Memorandum No.23011/4/2007- CPD, Power Utilities, Independent Power Producer, Fuel Supply Agreement(s, Coal India Limited, CIL, CIL, CIL, MW, ACQ, FSA, MW TPPs, CIL, FSA, CIL, the New Coal Distribution Policy, No.23011/4/2007-CPD, Singreni Collieries Company Limited, CIL, SCCL, Power Utilities, CIL, CIL, CIL, MW, ACQ, FSA, MW TPPs, CIL, FSA, CIL, MoP, CERC, CERC, Government, ACQ, FSA, CIL, CERC, CERC/SERC, LoA/FSA, CIL, LoA, CERC/SERC, CIL, LoA, MoP, the Central Government, Coal India Limited, CIL, Letter of Assurance/FSA, Appropriate Commission, Ministry of Power, the Central Government, CIL, CIL, LoA/FSA, Appropriate Commission, Ministry of Power, Energy Watchdog, APTEL, Adani Power, Haryana Utilities, CERC, APTEL, Court, Court, Adani, Change, Guidelines, Court, MoP, Court, the Ministry of Power, Government, Court, Tariff Policy, the Central Electricity Regulation Commission, ACQ, Court, Court, FSA, APTEL, APTEL, Court, The Government of Rajasthan, the Energy Watchdog, RERC, APTEL, Energy Watchdog, UHBVNL, Court, Adani Power Ltd., CERC, Appellate, Court, the Central Electricity Authority, CEA, CEA, the Central Government, Authority, CEA, CEA, CEA, the Central Government, the Central Government, CEA, CERC, CERC, CEA, Selection Committee, CERC, CERC, CERC, the Central Government, the Supreme Court, the Chief Justice, CERC, CERC, the Central Government, the Central Government, a State Commission, Joint Commission, the Central Government, Joint Commission, Union Territories, the State Commission, the State Government, a High Court, High Court, Selection Committee, the High Court, State, CEA, CERC, the State Commission, the State Commission, the State Commission, the Appellate Tribunal, Appellate Tribunal, the Appropriate Commission, the Appellate Tribunal, Appellate Tribunal, the Supreme Court, the Chief Justice, a High Court, the Appellate Tribunal, the Appellate Tribunal, a High Court, the Ministry or Department of the Central Government, CEA, CERC, APTEL, SHR, CERC, GMR Warora Energy Limited, Maharashtra State Electricity Distribution Company Limited & Anr8, CERC, SHR, APTEL, M/s, Wardha Power Company Limited V Reliance Infrastructure Limited & anr, APTEL, Change, Financial, Coal, Change, Change, MERC, MERC, SHR, SHR, Commission, stakeholders‟, SHR, SHR, Regulations, the Design Heat Rate, CERC, MW, Heat Rate, the Design Heat Rate, the Design Heat Rate, Heat Rate, CIL, Change, CERC, APTEL, M/s Wardha Power Company Limited v., Reliance Infrastructure Limited & anr, APTEL, Change, APTEL, Change, CERC, SHR, SHR, CERC

CARDINAL: 3 to 29, 39, 45, 6, 8, 9, 15, 17, 20, 21, 23, 26, 28, 29, Three, two, three, 3, 1200, 125, 125, 440, 440, 4, 59, two 6, SECL.12, 78,000, 8, 2013.19, 9, 6.1, 129, 130, 140, 187, 188, 2016.22, 140, 14, three, No.3, 12, 1, 2, 14, 2.879, 200, No.1, 200, 200, 15, 150, 16, 17, Two, 300, 2355, 2310, 2355, 2310, 2021.40, 19, three, 20, one, 21, 22, 23, 24, 2.2, 5.2, 25, 29, 30, 31, 2200, 2300, 2200, 2300, 32, 34, 3, 11, 39, two, 4, 43, 44, 6.1, 46, 5, 10, 48, 49, 2355, 50, two, 4, 1, 2, 3, 7, 11, 5, 6, 2, 53, two, 3, at least one-third, 3, 3.1, 55, at least five, 56, at least five, 4, 4, 4.2, 85%.56, 4.7, 59, 4.12, 2.2, 2.2, 2, 1., 61, therewith.62, 5.2, 5, 5.2, 5.2, 63, more than 60, 65, 66, 67, more than 60, 70, 2, 10.1.1, 72, 10.3.3 and 10.3.4, 31.03.2015, 74, 75, 2.2, 5.2, 78,000, 31.03.2015, 78,000, 5.2, 2.2, 77, 5.2, TPPs, 78,000, 78,000, 78, 2, 79 TPPs, CERC.79, 4, 4, 6.1, 6.0, 5.1, 81, 31.7.2013.83, 82, 83, 42, 84, 5.17, 56, 21, 31, 18-3-2007, 31, 88, 57, 31, 13.2, three, 50, approximately 61, 35 to 40, 60, 40, 51, 88, 59, 26.7.2013, 13, 6, 16, 90, 4, 1-4-2015, 91, more than 14, more than 8, 5, 5, at least one, Four, One, One, one, five, three, 6, 1, 94, one, One, 1, two, 1, more than one, 2, 95, 1, One, 1, more than one, two, 96, one, 2, 1, three, 98, three, 99, 29, 12.9.2014, 26, 100, 101, MSEDCL.31, 2355, 300, 2355, 1.065)and, 1.045, 102, 2355, 2310, 19, 103

PERSON: …… V. SUBMISSIONS, …… V. RELEVANT, GMR Warora Energy, Uttar Haryana Bijli Vitran Nigam Limited, Law, Law, Articles, necessary.10, Appeal Nos, Appeal Nos, Law, Law, Shri Gopal Jain, Shri G. Sai Kumar, Shri Balbir Singh, Shri M.G. Ramachandran, Abhishek Manu Singhvi, Shri Vishrov Mukherjee, NCDP2007which, Law, Law, Generator, Law, Generator, xvii, Generator, Adani Rajasthan, xvii, Adani Rajasthan, Adani Rajasthan, Uttar Haryana Bijli Vitran Nigam Limited, SCC32547, Fuel Arrangements, Para 4.4, Para 4.12, Fertilizer Sector, Coal, above.4, 31.3.2015, Supplementary Agreements.71, Para 2.2, discharged.78, Law, Shri C. Aryama Sundaram, Adani Rajasthan, Law, Uttar Haryana Bijli Vitran Nigam Limited, Uttar Haryana Bijli Vitran, Generator, Chairperson, finance.96, Chairperson, Chairperson, Chairperson, Chairperson, Chairperson, Chairperson, Seller, Law, Gross Calorific, Seller, Law, Heat Rate, wherein, Law, Law

PRODUCT: CONSIDERATIONS…………………………………………, Para 105, No.1-APML, Appellant, Case-2, Change, Case-2, Case-2, Case-2, Case-2, Case-2, Notifications, Para 2.2, Para 2.2, Case-2, Para 3.2, Case-2, Para 3.2, Para 3.2, Bidder, Bidder, Bidder, Bidder, Para 3.2, Para 4.2, the Fuel Regulator, Case-2, the Fuel Regulator, Case-2, Para 4.7, Para 5.2, Case-2, Para 2, Para 2, CERC.80, Para 4, the Electricity Act.95, APTEL.99, Appellant

DATE: 14, 22, 2021, 8th September 2008, 1320, 1320, 31st March 2010, 1200, August 2010, February 2013, 2003, short).5, 31st March 2010, monthly, 18th October 2007, 2007, 2007, 2007, 2007, 21st June 2013, 26th July 2013, the remaining, four years of the 12th, 31st July 2013, 2013, 17th December 2013, 15th July 2014, 2013, 21st June 2013, 31st July 2013.17, 15th July 2014, 2014, 23rd July 2014, 20th August 2014, 2014, 28th January 2016, March 2016, 2016, 2013, 4th May 2017, 11th April 2017.23, 7th March 2018, 2013, 1180, the last four years of the 12th, 2013, 2017, 2011, 1180, 2011, Issue No.2, 2007, four years of the 12th, 1328, 2021, 2021, November 2018, 16th July 2021.31, May 2009, August 2009, 17th March 2010, March 2012, 2021, 17th March 2010, 31st July 2009, 17th March 2014, 21st March 2013, 1st June 2012, 1st April 2013, 1st March 2013, 27th November 2013, 27th February 2013, May 2014, 22nd October 2015.33, 1st February 2017, 2017, February 2017, 2009-14, 2014-19, 2211, 2009-14, 2014-19, 2009-14, 1837, November 2018, 2019, 16th July 2021.39, 2021, 2021, 25 years, 31st July 2013, 7 days, monthly, 31st July 2013, 26, 2017, 2017, 13th April 2018, 2017, 2019, 33, 31st July 2013, 1st April 2013, 2021, 2018, the remaining years of the 12th, 38, 40, March 2018, 2017, 42, 45, 20th May 2013, 21st June 2013, 31st July 2013, 2016, 2019, 2021, 17th October 2017, 18th October 2017, 2022, 2005, 19th January 2005, 2014, seasonal, 1894, 1894, years, years, at least five years, 5753, 58 54, 7 days, 7 days, 60 59, May 2013, 2007, between 2008-2010, the last few years, 06.02.2013, May 2013, between 2008-2010, the last few years, 6th February 2013, the period 1st, April 2009 to 31st March 2015:69. ii, May 2013, 20th May 2013, 71, April 2009 to 31st March 2015, 21st June 2013, today, 78000, four years of the 12th, four years of the 12th, 26th July 2013, 18.10.2007, the remaining, four years of the 12th, 18.10.2007, April 2009 to 31st March 2015, the remaining, four years of the 12th, 31st July 2013, June, 2013, the remaining, four years of the, the remaining, four years of the 12th, 80 81, the remaining, four years of the 12th, 28th January 2016, 19th January, 2005, 28th January 2016, 19th January, 2005, 31st July 2013, 31st July 85 2013, 28th January 2016, monthly, 8790, 2008, 8960, 2007, monthly, 2015, monthly, monthly, monthly, 2017, 9397, electricity.98, at least one year, November 2018, November 2018, 2211, 2009-14, 2014-19, 2211, 2211, 14, 2014-19, 2009-14, 12th September 2014

ORDINAL: first, second, third, 9th, fourth, 16th, 9th, 15th, 15th, 7th, 3rd, 15th, first, second, first, Secondly, Thirdly, 7th, third, 9th, 9th, 9th, 1st, 1st, 15th, 15th

WORK_OF_ART: MoP, Relief for Change in Law, the Power Station, MoC, SECL, Thermal Power Stations, APTEL, GCV, Supply Agreement, X Scheduled Generation X Monthly Weighted Average Price of Fuel/Monthly Average Gross Calorific Value of Fuel, Subject: Impact, Fuel Supply Agreements, Thermal Power Plants, Thermal Power Stations (TPPs

EVENT: the Construction Period, Financial Year 2013-14, Financial Year 2016-17, the Operation period and Construction, the 2014 Tariff Regulations of the Commission, 2 2020 SCC Online SC69728, Financial Year, Financial Year 2016-17, the 2014 Tariff Regulations

PERCENT: 100%, 65%, 65%, 67%, 75%, 100%, 35% to 25%, 6.5%, 4.5%, 100%, 65%, 65%, 67% and, 75%, 100%, 65%, 65%, 67%, 75%, 100%, 85%, at least 50%, at least 50%, at least 50%, at least 50%, at least 50%, 100%, 100%, 100%, around 85%, 90%, 85%, 90%, 60 to 65%, 100%, around 85%, 90%, 68 to 85%, 90%, 60 to 65%, 65 percent, 65 percent, 67 percent, 75 percent, 65%, 65%, 67% and, 75%, 65%, 65%, 67% and, 75%, 100%, 65%, 65%, 67% and, 75%, 65%, 65%, 67% and, 75%, 65%, 65%, 67% and, 75%, 65%, 65%, 67% and, 75%, 35 to 40%, 6.5%, 4.5%

NORP: South Eastern Coal, DISCOMS, DISCOMS, DISCOMS, DISCOMS, DISCOMS, DISCOMS, DISCOMS, DISCOMS, DISCOMS, DISCOMS, DISCOMS, DISCOMS, NCDP2007emphasizes, DISCOMS, Indonesian, Indian, Indonesian, Indian, Indian, Indian, Indian, Indonesian, Indian, DISCOMS

GPE: Case Nos.189 of, Law.38, Counsel, NCDP2013and, NCDP2013was, NCDP2013has, Adani Rajasthan, xxvii, NCDP2013and, Adani Rajasthan, Adani Rajasthan, Rs./kwh, necessary.64, MOSP, Supplementary, MoC, NCDP2007and, Indonesia, Clause, Adani Rajasthan, Governments of States, Governments of States, Appeal, Appeal

FAC: the Power Plant, Resolution, MoU, the Heat Rate

LANGUAGE: Articles

MONEY: 100 per cent

LOC: Coal India, Respondent