JAIPUR VIDYUT VITARAN NIGAM LIMITED Vs. ADANI POWER RAJASTHAN LIMITED
LAWS(SC)-2020-8-47
SUPREME COURT OF INDIA
Decided on August 31,2020

Jaipur Vidyut Vitaran Nigam Limited Appellant
VERSUS
Adani Power Rajasthan Limited Respondents




JUDGEMENT

- (1.)The appellant herein Jaipur Vidyut Vitran Nigam Limited is the electricity Distribution Licensee in the State of Rajasthan. It entered into a Power Purchase Agreement (for short, 'PPA') on 28.1.2010 with Adani Power Rajasthan Limited (for short, 'APRL'), a generating company in pursuance to a tariff-based competitive bid process in terms of Section 63 of the Electricity Act, 2003 (for short, 'the Electricity Act'). The terms of PPA contained a tariff, and that could be varied only as per the specific provisions contained in the PPA, not otherwise.
(2.)APRL made a claim for an increased tariff under the change in law provisions in the PPA (Article 10). On 23.10.2006, Rajasthan Rajya Vidyut Utpadan Nigam Limited (for short, 'RVUN') conveyed to Adani Exports Limited its selection as a joint venture partner for the formation of a Joint Venture Company. It was stated that business activities of the proposed Joint Venture Company shall be limited to mining and supply of coal from allotted captive coal block for the requirement of existing/new thermal power stations of RVUN and/or for new projects of the State.
(3.)On 2.8.2007, a Letter of Intent (for short, 'LoI') was issued by RVUN in favour of Adani Enterprise Limited (for short, 'AEL') for developing the coal block under a joint venture at Parsa East and Kente Basan, wherein it was provided that the coal can be utilised at the discretion of the Government of Rajasthan for new upcoming projects in the State under the joint venture or IPP.
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