Supreme Court of India
Bses Rajdhani Power Ltd. & Anr v. Union of India and Ors
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What the Court ordered
In view of the above, it is submitted that the creation of a Regulatory Asset’ with no mechanism for recovery is contrary to the Act’s legislative intent, as it amounts to artificially keeping the tariff low while prejudicing the efficient recovery of the tariff.
Judgment, page 44
From the headnote
Issue for Consideration 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 asset as a reasonable measure; the appellate and review powers of the APTEL and this Court to ensure accountability and restitution. Headnotes† Electricity Law – Electricity Act, 2003 – Electricity Rules, 2005 – “Regulatory asset” – Delhi Electricity Regulatory Commission (DERC) adopted Multi Year Tariff framework in generation, transmission, and
Authorities it was built on
- 2010 Ptc India Ltd. v. Central Electricity Regulatory Commission through Secretary
- 1972 Bennet Coleman & Co. & Ors. v. Union of India & Ors.
- 2010 Transmission Corpn. of A.P. Ltd. & Anr. v. Sai Renewable Power Pvt. Ltd. & Ors.
- 2009 Tata Power Company Ltd. v. Reliance Energy Limited and Others
- 2023 K. C. Ninan v. Kerala State Electricity Board & Ors.
- 2022 Vijay Rajmohan v. State Represented by the Inspector of Police, Cbi, Acb, Chennai, Tamil Nadu
- 2024 In Re: T. N. Godavarman Thirumulpad v. Union of India and Ors.
- 2015 Hindustan Zinc Ltd v. Rajasthan Electricity Regulatory Commission
- 2014 Gulf Goans Hotels Co. Ltd. & Anr. v. Union of India & Ors.
- 2022 Securities and Exchange Board of India v. Mega Corporation Limited
- 2025 Lifecare Innovations Pvt. Ltd. & Anr. v. Union of India & Ors.
- 2022 Bses Rajdhani Power Ltd. v. Delhi Electricity Regulatory Commission
- 2022 The Tata Power Company Limited Transmission v. Maharashtra Electricity Regulatory Commission and Ors.
- 2024 Kerala State Electricity Board Ltd. v. Jhabua Power Limited and Others
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