Supreme Court of India

Bses Rajdhani Power Ltd. & Anr v. Union of India and Ors

Neutral citation
Reported as [2025] 8 S.C.R. 1875
Bench Pamidighantam Sri Narasimha and Sandeep Mehta JJ.
Decided 6 August 2025

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

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

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