Dhananjaya Y Chandrachud, J. - (1.) These appeals arise from a judgment and order dated 21 September 2017 of the High Court of Madhya Pradesh at its Bench at Indore and an order in review dated 29 January 2018. In the companion appeals, the correctness of an interim order of the High Court dated 15 May 2018 in a subsequent petition under Article 226 of the Constitution is in question.
(2.) The Government of Madhya Pradesh issued a notification on 30 January 2012 laying down a policy to govern the generation of wind energy in the State. The policy was amended on 21 February 2013. The policy, which was known as the Wind Power Project Policy 2012, stipulated inter alia that the purchase/sale of power would be administered and governed by the Madhya Pradesh Electricity Regulatory Commission "State Commission"
(3.) On 26 March 2013, the State Commission, in exercise of power under Sections 61 and 86(1)(e) of the Electricity Act 2003 "Act" issued a Tariff Order SMP-12/2013 for procurement of power from Wind Electricity Generators "WEG". Para 4.1 of the Tariff Order stipulated that it would be applicable to all new wind electricity generation projects commissioned on or after 1 April 2013 for sale of electricity to distribution licensees within the State of Madhya Pradesh. Para 5 provided for the "tariff review period/control period": "5. TARIFF REVIEW PERIOD/CONTROL PERIOD5.1 The control period to which this order shall apply shall start from 01.04.2013 and will end on 31.03.2016 (i.e. end of FY 2015- 16). The tariff decided in this order shall apply to all projects which come up during the above mentioned control period and the tariff determined shall remain valid for the project life of 25 years.";