Renewable energy generators challenged transmission charges levied for open access under the KERC Green Energy Open Access Regulations 2022. Following a co-ordinate Bench decision, the Court disposed of the petitions directing KERC to determine transmission charges per the FoR methodology after hearing stakeholders.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 18TH DAY OF APRIL, 2024
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR WRIT PETITION NO. 204 OF 2024 (GM-KEB)
C/W
WRIT PETITION NO. 25456 OF 2023 (GM-KEB) IN WP NO. 204/2024 BETWEEN:
Digitally signed by R HEMALATHA Location: HIGH COURT OF KARNATAKA
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PROVISIONS OF THE COMPANIES ACT, 1956, HAVING ITS REGISTERED OFFICE AT NO.13A, FLOOR 13, PLOT 400,THE PEREGRINE APTS, KISMAT CINEMA PRABHADEVI, MUMBAI - 400 025.
…PETITIONERS
(BY SRI. MUNI REDDY M.N, ADVOCATE)
AND:
NEW DELHI - 110 003.
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HAVING OFFICE AT KARNATAKA POWER TRANSMISSION CORPORATION LIMITED, RACE COURSE ROAD, A.R. CRICLE, BENGALURU - 560 001.
A STATE ELECTRICITY REGULATORY COMMISSION,
CONSTITUTED UNDER THE PROVISIONS OF THE KARNATAKA ELECTRICITY REFORMS ACT, 1999, HAVING ITS OFFICE AT NO. 16C-1, MILLER'S TANK BED AREA, VASANTH NAGAR, BENGALURU - 560 052.
…RESPONDENTS
(BY SMT. SADHANA S. DESAI, ADVOCATE FOR R1; SRI. S.R. KHAMROZ KHAN, AGA FOR R2; SRI. SHAHBAAZ HUSSAIN, ADVOCATE FOR R3 AND R4; SRI. B.N. PRAKASH, ADVOCATE FOR R5)
THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO A) CALL FOR RECORDS. B) ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION TO QUASH THE
NC: 2024:KHC:15212 WP No. 204 of 2024 C/W WP No. 25456 of 2023
KARNATAKA ELECTRICITY REGULATORY COMMISSION (TERMS AND CONDITIONS FOR GREEN ENERGY OPEN ACCESS) REGULATIONS 2022 (GEOA REGULATIONS) NOTIFIED IN THE OFFICIAL GAZETTE DATED 18.08.2022 ISSUED BY THE 5TH RESPONDENT PRODUCED HEREIN AS ANNEXURE-A CONSEQUENTLY AND ETC.,
IN WP NO. 25456/2023
BETWEEN:
M/S. CHARISHMA HOTELS PVT. LTD., (REPRESENTED BY ITS AUTHORISED SIGNATORY SRI. PATEL HARSHAD UMAKANT, MANAGER) A COMPANY REGISTERED UNDER THE PROVISIONS OF THE COMPANIES ACT, 1956, HAVING ITS REGISTERED OFFICE AT RADISSON BLU, SY NO.90/4, MUNNEKOLLALU VILLAGE, MARATHAHALLI OUTER RING ROAD, BANGALORE - 560 037.
…PETITIONER
(BY SRI. MUNI REDDY M.N, ADVOCATE)
AND:
VIKASA SOUDHA, DR. AMBEDKAR VEEDHI, BENGALURU - 560 001.
…RESPONDENTS
(BY SRI. CHARAN KUMAR K.V, ADVOCATE FOR R1;
NC: 2024:KHC:15212 WP No. 204 of 2024 C/W WP No. 25456 of 2023
SRI. S.R. KHAMROZ KHAN, AGA FOR R2; SRI. SHAHBAAZ HUSSAIN, ADVOCATE FOR R3 AND R4; SRI. B.N. PRAKASH, ADVOCATE FOR R5)
THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO A) CALL FOR RECORDS. B) ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION TO QUASH THE KARNATAKA ELECTRICITY REGULATORY COMMISSION (TERMS AND CONDITIONS FOR GREEN ENERGY OPEN ACCESS) REGULATIONS 2022 (GEOA REGULATIONS) NOTIFIED IN THE OFFICIAL GAZETTE DATED 18.08.2022 ISSUED BY THE 5TH RESPONDENT PRODUCED HEREIN AS ANNEXURE-A CONSEQUENTLY AND ETC.,
THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioners who are generating renewable energy have filed this writ petition challenging the levy of transmission charges for the usage of transmission networks under open access.
"5. It is submitted that at that point of time, determination of charges would be by considering the methodology specified by FoR (Forum of Regulations) which were not in place at that point in time. Learned counsel also invited my attention to Annexure-C, the
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order dated 08.06.2023, passed by the Karnataka Electricity Regulatory Commission (KERC for short) in the matter of implementation of the said Regulations 2022, in order to point out that the following direction was issued as per direction No.5 which reads as under:
" 5. Charges applicable under the KERC (Terms and Conditions for Green Energy
Open Access) Regulations, 2022 : Regulation 11(i) of KERC (Terms and Conditions for GEOA) Regulations, 2022 specify that the Open Access Charges shall be determined by the Commission considering the methodology specified by Forum of Regulations. However, till the time the Commission adopts and determines the charges in accordance with the methodology specified by Forum of Regulations, the KPTCL/SLDC/ESCOMs are directed to collect the following:
Note:Additional surcharge shall not be applicable, if full fixed charges of the licensee are being recovered through retail supply tariff
and such full fixed charges are paid by the Open Access consumers.
6. In this regard, it is submitted that even at that point in time, the FoR had not framed any methodology and subsequently the methodology was framed and the same is in place. It is therefore submitted that the matter may be remitted back to the KERC with a direction to determine the transmission charges in accordance with law with the methodology specified by the FoR.
7. Learned counsel for the respondent further submits that by way of an interim arrangement and till the KERC passes appropriate orders as stated supra, the transmission charges as determined by the KERC in its order dated 08.06.2023, should be continued to be paid by the petitioner, except for the period from 01.08.2023 to 18.10.2023, which is subject-matter of the present petition."
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to be disposed of in terms of the orders passed by the coordinate Bench of this Court in W.P.No.27505/2023.
Pending IA's does not survive for consideration in view of the disposal of the main petition.
Sd/JUDGE
CH List No.: 1 Sl No.: 7 CT: BHK
1 issue framed by the court
Whether the levy of transmission charges under the KERC Green Energy Open Access Regulations 2022 is valid pending determination by the FoR methodology?
Colour shows how this judgement treated each authority
W.P.No.27505/2023 (GM-KEB)Followed¶2
1 provisions across 1 enactments
M/S Clean Max Saura Private Limited
M/S Clean Max Matahari Private Limited
M/S Clean Max Scorpius Private Limited
M/S Clean Max Uranus Private Limited
M/S Charishma Hotels Pvt. Ltd.
Union of India
Hemant Chandangoudar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
