Writ petition challenging the KERC Green Energy Open Access Regulations, 2022 and related transmission charges; disposed of as covered by an earlier co-ordinate bench decision directing KERC to determine transmission charges per FoR methodology after stakeholder hearings.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE N S SANJAY GOWDA
WRIT PETITION NO. 4577 OF 2024 (GM-KEB)
BETWEEN:
…PETITIONER
(BY SRI. MUNI REDDY M N.,ADVOCATE)
AND:
Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA
A NODAL AGENCY UNDER THE CENTRAL
NC: 2024:KHC:25585 WP No. 4577 of 2024
ELECTRICITY, REGULATORY COMMISSION (OPEN ACCESS IN INTER STATE TRANSMISSION) REGULATION 2008 HAVING OFFICE AT KARNATAKA POWER TRANSMISSION CO OPERATION LIMITED, RACE COURSE ROAD, A R CIRCLE, BENGALURU-560001.
…RESPONDENTS
(BY SRI. H.SHANTHI BHUSHAN, DSGI FOR R-1; SMT. HEMALATHA.V., AGA FOR R-2; SRI. SHAHBAAZ HUSSAIN., ADVOCATE FOR R-3 & R-4; SRI. B.N. PRAKASH, ADVOCATE FOR R-5)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR RECORDS AND 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 R5 PRODUCED HEREIN AS ANNEXURE-A CONSEQUENTLY, ETC.
NC: 2024:KHC:25585 WP No. 4577 of 2024
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
13.02.2024 (M/s.Green Infra Clean Wind Power Limited vs. State of Karnataka and others), in which this Court ultimately passed an order in the following terms:
“ ORDER
The petition is hereby disposed of.
The KERC is directed to determine the transmission charges in terms of the methodology specified by the FoR as expeditiously as possible, after providing an opportunity to all the stakeholders, including the petitioner, and hearing them in accordance with law.
It is further directed that till the KERC passes appropriate orders, as stated supra , the petitioner shall continue
to pay the transmission charges in terms of clause / direction No.5 of the order dated 08.06.2023, except for the period from 01.08.2023 to 18.10.2023.
Any payments made / to be made by the petitioner shall be adjusted to the account of the petitioner.”
Sd/JUDGE
RK CT: SN List No.: 1 Sl No.: 78
1 issue framed by the court
Whether the GEOA Regulations, 2022 should be quashed, the issues being covered by a co-ordinate bench decision in W.P. No.27505 of 2023?
Colour shows how this judgement treated each authority
M/s Green Infra Clean Wind Power Limited vs State of Karnataka and othersFollowed¶1
W.P. No.27505 of 2023 disposed on 13.02.2024 (M/s.Green Infra Clean Wind Power Limited vs. State of Karnataka and others)
1 provisions across 1 enactments
M/S SML Renewable
Union of India represented by its Secretary, Ministry of Power
State of Karnataka represented by its Additional Chief Secretary, Department of Energy
State Load Dispatch Centre Karnataka represented by its Chief Engineer Electricity
Karnataka Power Transmission Corporation Limited represented by its Managing Director
Karnataka Electricity Regulatory Commission represented by its Chairperson
N S Sanjay Gowda
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
