Judgment Search Results Home > Cases Phrase: electricity amendment act 2007 section 17 amendment of section 153 Court: appellate tribunal for electricity aptel Page 11 of about 196 results (0.171 seconds)

Rico Auto Industries Ltd., Omax Vs. Haryana Electricity Regulatory

Court : Appellate Tribunal for Electricity APTEL

Reported in : (2007)LCAPTEL1250

..... situation at hand on the plea of limitation prescribed by section 56(2) of the electricity act.11. our attention has been drawn towards regulation no. 4(1) of the tariff regulations 1999 which reads as under: 4(1) no tariff may be amended more frequently than once in any financial year except that tariff rates shall be adjusted quarterly ..... in an earlier order of 27.07.00 that there should not be any delay in claiming fsa 3. principles of limitation incorporated in section 56 of the electricity act 2003 was violated by the commission in granting belated claim for fsa 4. the commission failed to appreciate that between 2004 and 2006 there was a large change ..... commission offered to clarify the situation and a letter of the additional advocate general was sent to this tribunal stating therein: "reference to this office fax dated 5.3.2007. it is clarified that rs.391.55 crore fsa liability taken over by the haryana government. was in respect of all categories of consumers. " this letter was .....

Hindalco Industries Ltd. Vs. West Bengal State Electricity

Court : Appellate Tribunal for Electricity APTEL

Reported in : (2008)LCAPTEL17

..... premises.2. the appellant has a captive power plant at hirakud, orissa. on october 31, 2003, the appellant filed an application under sections 9 and 42 of the electricity act, 2003, before the commission seeking permission for open access to wheel surplus captive power of an approximately 9 mw from its power plant to its belur factory. the distance ..... it was submitted by the learned senior counsel for the appellant that after passing of the order, dated july 11, 2006, by us, the commission took steps to amend the regulations with a view to bypass our judgment. we have considered the contention but we find that no evidence has been adduced to show that the steps taken to ..... amend the regulations by the commission stemmed from its desire to bypass our judgment. in an appropriate case, where an allegation of deliberate side stepping of our order by .....

Damodar Valley Corporation Vs. Central Electricity Regulatory

Court : Appellate Tribunal for Electricity APTEL

..... had been operating in line with the provisions of the dvc act read with applicable provisions of the indian electricity act, 1910 and the electricity (supply) act, 1948 and was not regulated by the electricity regulatory commissions act, 1998. with the enactment of the electricity regulatory commissions act, 1998, the tariff determination powers of the governments (central government ..... statute was enacted will ever continue to be read into that later statute unless the legislature takes a positive step to amend the later statute in tune with the amendments. however, the legal effect is otherwise in the case of a statute which merely makes a reference to the provisions of ..... ensure adequate fund comfort for the xi plan projects considering that the existing tariff fixed in september, 2000 will continue at least till the year 2007-08. 36. accordingly, the petitioner corporation has prayed that without prejudice to other contentions, a transition period may be allowed to enable the petitioner .....

Malwa Industries Ltd. Vs. Punjab State Electricity

Court : Appellate Tribunal for Electricity APTEL

..... country and the entrepreneurs need to be encouraged to set up generating stations.the amendment is to facilitate supply of electricity by the captive plants. in case restrictions are read into the second proviso to section 9 (1) of the act of 2003, as inserted by act no. 26 of 2007, it will be difficult to attract investment in the sector.27. in the matter ..... deals with captive generation. section 9 has been recently amended by act no. 26 of 2007 dated may 28, 2007. section 9, after amendment, reads as follows: 9. captive generation - (1) notwithstanding anything contained in this act, a person may construct, maintain or operate a captive generating plant and dedicated transmission lines: provided that the supply of electricity from the captive generating plant through the grid shall .....

M.P. Electricity Regulatory Vs. Universal Cables Ltd., Satna

Court : Appellate Tribunal for Electricity APTEL

..... law. before the two appeals could be disposed of by this tribunal, section 9 of the electricity act 2003 was amended and the following proviso was inserted therein: provided further that no licence shall be required under this act for supply of electricity generated from a captive generating plant to any licensee in accordance with the provisions of this ..... learned sr. advocate appearing for the review petitioner vehemently submitted that the feeder line between the two respondents (appellants in the appeal nos. 20 and 77 of 2007) cannot be part of either the grid or the distribution system and therefore flow of energy from the captive power plant to its neighbour cannot amount to taking ..... filed review petition no. 32/07 on the same terms.the two review petitions are opposed by the respondents (appellant in appeals no. 20 & 77 of 2007). we have heard all the parties to these two review petitions.7. the review petitioners' must show some error apparent on the face of the judgment in order .....

Hindalco Industries Ltd. (Formerly Known as Indian Aluminium Co. Ltd.) ...

Court : Appellate Tribunal for Electricity APTEL Delhi

..... premises. 2. the appellant has a captive power plant at hirakud, orissa. on october 31, 2003, the appellant filed an application under sections 9 and 42 of the electricity act, 2003, before the commission seeking permission for open access to wheel surplus captive power of an approximately 9 mw from its power plant to its belur factory. the distance ..... it was submitted by the learned senior counsel for the appellant that after passing of the order, dated july 11, 2006, by us, the commission took steps to amend the regulations with a view to bypass our judgment. we have considered the contention but we find that no evidence has been adduced to show that the steps taken to ..... amend the regulations by the commission stemmed from its desire to bypass our judgment. in an appropriate case, where an allegation of deliberate side stepping of our order by .....

In the Matter Of: M/S. Enercon (India) Limited, Jaipur and Another Vs. ...

Court : Appellate Tribunal for Electricity APTEL

..... re-financing. (9) in case of dispute, any of the parties may make an application in accordance with the rajasthan electricity regulatory commission (transaction of business) regulations, 2005, as amended from time to time, including statutory re-enactment thereof for settlement of the dispute: provided that the beneficiary or the transmission ..... applicable for procurement of power by distribution licensees towards fulfilment of their renewable purchase obligation (rpo) as per section 86 (1) (e) of the electricity act, 2003. the commission was of the view that it was fully convinced that any increase in feed-in-tariff over and above around 15% being ..... are beyond the control of developers. the issue needs to be appropriately addressed for ensuring harmony between regulation 21 and regulation 85. 27. the electricity act, 2003 casts a clear responsibility on the state regulatory commissions to promote growth of renewable energy and the state commission in cognizance of this responsibility .....

In the Matter Of: Tamil Nadu Electricity Board, Chennai Through Its Ch ...

Court : Appellate Tribunal for Electricity APTEL

..... the learned counsel appearing for the respondent nos. 2 to 4 do not dispute that a tariff order cannot be amended on representation of certain consumers without notice to all the stake holders. the electricity act 2003 and regulations framed thereunder by various commissions categorically provide for notice to public and opportunity to consumers of all ..... such no objection was subject to the condition that revenue loss to tneb such as gross subsidy, other charges are taken care of as per the electricity act 2003. it thus appears that although a notice was issued and the response was taken, the principal issue involved from the point of view of appellant, ..... to seek clarification as to whether they would need distribution license for maintaining and operating the distribution network. the commission by order dated 20th march, 2006 amended its earlier tariff order dated 15th march, 2003 by adding condition ix under paragraph 2.0 dealing with high tension tariff. inter alia, it directed that .....

The Tata Power Company Limited, Rep. by B.J. Shroff Vs. Maharashtra El ...

Court : Appellate Tribunal for Electricity APTEL

..... to the request of tpc for scheduling of power to tpc-d through tptcl was by virtue of power under section 37 of the electricity act, 2003. it further maintained in its affidavit to the amended petition to the tpc that the stand of the government that communications by the msldc were not under section 37 was made without ..... impugned order has made it clear that the letters issued by the msldc were beyond the scope and ambit of section 32 and section 33 of the act. 63. the electricity act, 2003 has brought about a radical change in the business of the power sector. there has been a delicensing in respect of generation of power and ..... msldc and the government of maharashtra amongst others praying for the following relief:- a. direct the respondent no.1 to comply with the provisions of the electricity act, 2003, the maharashtra electricity regulatory commission (state grid code) regulations, 2006 and scheduling and despatch code of 16.01.2008 and withdraw the letter dated 16.05.2010 and that .....

M/S H.M. Steel Ltd. and Others Vs. Himachal Pradesh Electricity Regula ...

Court : Appellate Tribunal for Electricity APTEL

..... for assessing negative impact within industry on the grid system per se. the appellant filed petition no. 173 of 2006 under section 62(4) of the electricity act 2003 for amending the tariff order dated 03.07.06. the question before the commission was whether the additional demand charges prescribed by tariff order should be treated as penalty ..... the assumption that the piu consumers were disturbing the grid stability by injecting harmonics. 9. the commission re-designed the tariff vide the impugned order for the fy 2007-08 and thereby brought the demand charge for ls category and piu category to the same level. for the piu category the demand charge for eht consumers were ..... demand charges for the piu consumers at par with the demand charges for ls consumers. however, in the subsequent tariff order dated 16.04.07 for the fy 2007-08, the commission while retaining uniformity in the demand charges for the piu and ls category enhanced the energy charge for the piu category. the appellant filed .....