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Gmr Kamalanga Energy Limited. & Anr vs Central Electricity Regulatory ... on 21 December, 2018
cites
Article 298 in Constitution of India [Constitution]
Manohar Lal Sharma vs The Principle Secretary & Others on 25 August, 2014
68. Meanwhile, on 25-8-2014 by virtue of judgment of the Hon'ble Apex
Court in the case of Manohar Lal Sharma vs. The Principal
Secretary &Ors, entire allocation of coal block made by Screening
Committee from 14-7-1993 onwards in 36 meetings and allocations
made through the Govt. dispensation route were held to be illegal.
As a consequence, de-allocation order came to be passed on 24-9-
2014 which cancelled allocation of 204 coal blocks including
Rampia etc. with immediate effect. Therefore, Captive Coal Block
came to be cancelled. Prior to this, the delay between October
2013 till date of judgment, it was on account of Go-No-Go policy of
MOEF which was beyond the control of Appellant. Additional 40%
or 20% of the base price was payable by the purchasers as "add on
price" for coals after the normative date of production. On account
of reasons mentioned above between the scheduled date of coal
block and the judgment in Manohar Lal Sharma, it was a case of
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Page 46 of 55
IA No. 449 of 2018 & Appeal No. 193 of 2017
force majeure and from the date of judgment, it was on account of
change in law (due to NCDP of 2013).
Article 77 in Constitution of India [Constitution]
Section 3 in The Electricity Act, 2003 [Entire Act]
Section 107 in The Electricity Act, 2003 [Entire Act]
The Indian Penal Code, 1860
Rashmi Metaliks Limited & Anr vs Union Of India & Ors on 29 September, 2014
13. They also contend that Commission failed to appreciate that the
Busy Season Surcharge is levied pursuant to notification issued by
the Ministry of Railway, Government of India. The circular and
notification issued in this regard have to have the statutory force
which was clearly held by the Hon'ble Supreme Court in the case of
Rashmi Metaliks Limited and Anr. Vs. Union of India and Ors.