TRANSMISSION CORPORATION OF ANDHRA PRADESH LIMITED Vs. RAIN CALCINING LIMITED
LAWS(SC)-2019-11-107
SUPREME COURT OF INDIA
Decided on November 29,2019

TRANSMISSION CORPORATION OF ANDHRA PRADESH LIMITED Appellant
VERSUS
Rain Calcining Limited,Andhra Pradesh Electricity Regulatory Commission V. R.V.K. Energy Private Limited And Anr.; 2008 17 Scc 769 Respondents

JUDGEMENT

ARUN MISHRA,J. - (1.) There are three batches of appeals; most of the questions are common, which arise for consideration. In the first batch of appeals, the question arises for consideration concerning the levy of wheeling charges by the appellant ­ Transmission Corporation of Andhra Pradesh Limited (APTRANSCO). In the second batch of appeals, the question arises for consideration regarding the competence of the APTRANSCO to levy the grid support charges. Admittedly, the outcome of the third batch of appeals depends on the outcome of the first batch of appeals. In the third batch of appeals, the question arises for consideration as to continuance of incentives in respect of wheeling charges granted as per Government Order issued during the year 1997-1998, had to be continued, and whether Commission had the power to review them.
(2.) After independence, the electricity generation, distribution and transmission, and other related activities were undertaken by the Andhra Pradesh State Electricity Board (APSEB). After the amendment in 1991 in Electricity (Supply) Act, 1948 (Act of 1948), when liberalization was made in the electricity sector, then APSEB entered into agreements with Private Generators.
(3.) The Andhra Pradesh State Legislature enacted Andhra Pradesh Electricity Reforms Act, 1998 (the Reforms Act, 1998). The Governor reserved the same for the assent of the President under Article 254 of the Constitution. The Andhra Pradesh Electricity Regulatory Commission (APERC) was constituted under the Reforms Act, 1998 on 31.3.1999, which started functioning with effect from 3.4.1999.;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.