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1 - 10 of 17 (0.28 seconds)Article 13 in Constitution of India [Constitution]
State Of A.P vs National Thermal Power Corpn. Ltd. & Ors on 22 April, 2002
In the
case of State of Andhra Pradesh Vs. National Thermal Power
Corporation [(2002) 5 SCC 203], it was held that generation and supply of
electricity is instantaneous and has to be treated as one transaction. If
stand of the Respondents is accepted, that only from the period when the
supply of power commences, the very provisions pertaining to change in
law become act of supply in respect of construction period so also the
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Page 14 of 37
[Judgment in Appeal No. 284 of 2017 & Appeal No. 9 of 2018
period prior to commencement of supply of power or prior to
commissioning of the generating unit.
Uttar Haryana Bijli Vitran Nigam ... vs Adani Power Ltd. on 25 February, 2019
49. Coming to the issue of 'Carrying Cost', according to the Appellant, in
terms of Judgment of this Tribunal dated 13.04.2018 passed in Appeal No.
210 of 2017 at Pg. 26 to 28 of the Judgment); judgment of this Tribunal
dated 14.08.2018 passed in Appeal Nos. 119 & 277 of 2016 (Para xxix,
xxx) and judgment of the Hon'ble Supreme Court dated 25.02.2019 in
Uttar Haryana Bijli VitranNigam & Anr. vs. Adani Power Ltd. & Ors.
(2019 (5) SCC 325) (Para 10, 13 and 19), the Appellant-Adani Power is
entitled for such carrying cost even for the past period. The relevant
paragraphs in these judgments read as under:
Indian Council For Enviro-Legal Action vs Union Of India & Ors on 18 July, 2011
Para (x) of Appeal No. 210 of 2017 ( at page 69 of the Judgment)
"x. Further, the provisions of Article 13.2 i.e. restoring the
Appellant to the same economic position as if Change in Law has
not occurred is in consonance with the principle of 'restitution' i.e.
restoration of some specific thing to its rightful status. Hence, in
view of the provisions of the PPA, the principle of restitution and
judgement of the Hon'ble Supreme Court in case of Indian Council
for Enviro-Legal Action vs. Union of India & Ors., we are of the
considered opinion that the Appellant is eligible for Carrying Cost
arising out of approval of the Change in Law events from the
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Page 30 of 37
[Judgment in Appeal No. 284 of 2017 & Appeal No. 9 of 2018
effective date of change in Law till the approval of the said event by
appropriate authority. It is also observed that the Gujarat Bid-01
PPA have no provision for restoration to the same economic position
as if Change in Law has not occurred. Accordingly, this decision of
allowing Carrying Cost will not be applicable to the Gujarat Bid-01
PPA."
Energy Watchdog vs Central Electricity Regulatory ... on 11 April, 2017
19. Lastly, the judgment of this Court in Energy Watchdog v. Central
Electricity Regulatory Commission, (2017) 14 SCC 80 was also relied
upon. In this judgment, three issues were set out and decided, one of
which was concerned with a change in law provision of a PPA. In
holding that change in Indonesian law would not qualify as a change in
law under the guidelines read with the PPAs, this Court referred to
Clause 13.2 as follows:
Gmr Kamalanga Energy Limited vs Central Electricity Regulatory ... on 6 September, 2019
55. So also in the judgment of this Tribunal in GMR WARORA Energy
Ltd vs. CERC and ors, Appeal Nos. 111 and 290 of 2017 dated
14.08.2018 service tax on rail freight was allowed as Change in Law.