Hindustan Zinc Ltd vs Rajasthan Electricity Regulatory ... on 3 February, 2009
2.When the matter was taken up for hearing today, Mr.D.Ravichander,
learned counsel appearing for the petitioner and Mr.T.Mohan, learned counsel
appearing for the 3rd respondent jointly made a statement that the issue raised in
the present writ petition has already been decided by the Hon'ble Apex Court in
Civil Appeal No.4417 of 2015 [Hindustan Zinc Ltd. v. Rajasthan
Electricity Regulatory Commission] and batch dated 13.05.2015, against
the appellants/owners therein, rejecting one of the contentions raised inter alia by
the appellants/owners that the Rajasthan Electricity Regulation Commission does
not have jurisdiction under Section 86(1)(e) read with Section 181 of the
Electricity Act, 2003, to frame the impugned Regulation, in respect of the
industries running their own Captive Power Plants and it has the power only to
frame Regulations with respect to the distribution licensees and therefore, it was
not open for the Rajasthan Electricity Regulation Commission to impose the RE
obligation upon the owners having Captive Power Plants to make them
compulsorily purchase energy from renewable source and to pay surcharge in the
event of shortfall to fulfill the RE obligation.