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Judgment Search Results Home > Cases Phrase: calcutta police act 1866 Court: appellate tribunal for electricity aptel Year: 2011 Page 1 of about 14 results (0.035 seconds)

Mar 08 2011 (TRI)

Oil and Natural Gas Corporation Ltd., (Ongc), Ahmedabad Vs. Gujrat Ele ...

Court : Appellate Tribunal for Electricity APTEL

Decided on : Mar-08-2011

..... have taken into account the government of gujarats letter dated 6.11.2008 clarifying the number of captive locations and decided the case accordingly. v. after enactment of electricity act 2003, state commission is sole authority to specify wheeling charges. government of gujarat had no power to change the wheeling charges specified by state commission vide its order no ..... gujarat had also recognized the powers of state commission in government resolution dated 7.1.2009 as given below: notwithstanding anything contained in this resolution, the provisions of the electricity act 2003 and the gerc regulations, as issued from time to time, shall prevail, for the purpose of the implementation of this policy. thus the arrangement of wheeling power from ..... up the issue with the gujrat urja vikas nigam through their letter no. gerc/se/2009 dated 23rd january 2009, in which, the state commission emphasized that as per electricity act 2003, only state commission has got powers to determine tariff including transmission and wheeling charges. relevant portions of the said letter dated 23.1.2009 have been reproduced below: ..... 42, the state commission shall determine only the wheeling charges and surcharge thereon, if any, for the said category of consumers; 57. in terms of section 86 of 2003 act, state commission vide its order no. 2 of 2006 dated 11th august 2006 determined transmission and wheeling charges as under: 20 transmission and wheeling charges the commission clarifies that the .....

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Jan 11 2011 (TRI)

The Tamil Nadu Spinning Mills Association, Represented Dindigul, and O ...

Court : Appellate Tribunal for Electricity APTEL

Decided on : Jan-11-2011

..... for violation of the control and restriction measures. however, state commission by its order did not permit disconnection for violation of restriction quoting provisions of the act that disconnection of supply was not permissible under such conditions and approved excess demand and excess energy charges to ensure enforcement of the control and restriction measures. ..... purchase of power for distribution and supply within the state; (c) facilitate intra-state transmission and wheeling of electricity; (d) issue licences to persons seeking to act as transmission licensees, distribution licensees and electricity traders with respect to their operations within the state; (e) promote co-generation and generation of electricity from renewable sources ..... to represent the interests of commerce, industry, transport, agriculture, labour, consumers, non-governmental organisations and academic and research bodies in the electricity sector. section 80 of the act is reproduced below: section 80. (central advisory committee): (1) the central commission may, by notification, establish with effect from such date as it may specify in ..... may be specified in respect of generation, transmission and distribution for determination of tariff. (3) the appropriate commission shall not, while determining the tariff under this act, show undue preference to any consumer of electricity but may differentiate according to the consumer's load factor, power factor, voltage, total consumption of electricity during any .....

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May 06 2011 (TRI)

Madhya Pradesh Power Generation Company Ltd Vs. Madhya Pradesh Electri ...

Court : Appellate Tribunal for Electricity APTEL

Decided on : May-06-2011

..... appellant who has exhibited total failure in coming up to the mark or standard set up by the commission. the decisions are (a) west bengal electricity regulatory commission v/s calcutta electricity supply company ltd. reported in (2002) 8 scc 715, (b) k.s venkataraman and co. pvt.ltd. v/s state of madras reported in air 1966 sc ..... concede to this position because in this case itself the supreme court took exception to the manner in which the calcutta high court exercised the power of writ jurisdiction while hearing appeal under section 27 of the electricity regulatory commission act, 1998. it was observed that the appellate power and the power of judicial review are distinct. it is ..... details, as may be specified in respect of generation, transmission and distribution for determination of tariff. (3) the appropriate commission shall not, while determining the tariff under this act, show undue preference to any consumer of electricity but may differentiate according to the consumer's load factor, power factor, voltage, total consumption of electricity during any specified period ..... agreements for purchase of power for distribution and supply within the state; (c) facilitate intra-state transmission and wheeling of electricity; (d) issue licences to persons seeking to act as transmission licensees, distribution licensees and electricity traders with respect to their operations within the state; (e) promote congenration and generation of electricity from renewable sources of energy by .....

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Feb 08 2011 (TRI)

Chhatisgarh State Power Distribution Co.Ltd, Raipur, Vs. Chhatisgarh B ...

Court : Appellate Tribunal for Electricity APTEL

Decided on : Feb-08-2011

..... it is neither section 62 nor section 64 that constitutes bar to retrospectivty of a tariff order. 25. we must bear in mind that the electricity act 2003 in all its provisions have been made effective by the central government through a gazette notification from 10th june, 2003. this enactment speaks of prospectivity. ..... is allowed is passed though for the true up exercise. 16. respondent no. 1 has submitted inter alia that section 64 (6) of the electricity act, 2003 gives jurisdiction to the commission to pass tariff order retrospectively. this tribunals order in the seil v/s punjab electricity regulatory commission and others ..... so that recovery after truing up cannot be effected from the appropriate person. otherwise also, sub-section (2) of section 56 of the 2003 act bars recovery of sums due from any consumer towards charge for electricity after a period of two years from the date when such sums become first due ..... since the application for revision of tariff was filed on 28.4.2009 the order should take effect from 1.4.2009 is contradictory to the act and the concerned regulations. with respect to the submission of the commission that true up mechanism is enough to take care of financials of the ..... the commission. the appellant objected to the petition on the ground inter alia that there was no provision under section 62 or 64 of the act for revision of tariff already determined. if it was a review petition then it was not maintainable because the commission in its tariff order dated .....

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May 31 2011 (TRI)

In the Matter of Mumbai International Airport Pvt. Ltd. Mumbai Vs. Mah ...

Court : Appellate Tribunal for Electricity APTEL

Decided on : May-31-2011

..... ) mohan lal vs. anandhibai (1971) 1 scc 813 (2) paper products ltd. vs. cce (2007) 7 scc 352 (3) smt. bidya devi vs. commissioner of income tax, allahabad, air 2004 calcutta 63. (4) k.p. dwivedi vs. tate of u.p. (2003) 12 scc 572. (5) mr. muneswar and ors. vs. smt. jagat mohini das. air (1952 ..... categorize the consumers into various categories. the utility classifies the consumers into the following broader categories : i) residential ii) agricultural iii) industrial iv) commercial v) others. 70. all these 3 acts require that no undue preference should be shown to any consumer but however different tariffs could be fixed depending upon the various factors; one of them being purpose for which ..... authorities, which we shall see later. in the light of the above rival contentions urged by the respective counsels, the following questions may arise for consideration: (i) does the electricity act, 2003 mandate that the appropriate commission has to differentiate between the consumers in the process of determination of tariff depending upon the various factors like load factor, power factor, etc ..... airports have to be classified separately having regard to the essential nature of their services and also their contribution in the development of infrastructure within the state. (v) the electricity act, 2003 mandates that the appropriate commission has to differentiate between consumers in the process of determination of tariff depending upon (a) load factor, (b) power factor, (c) voltage, (d) .....

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Mar 01 2011 (TRI)

The Chairman, Tamil Nadu Electricity Board Chennai and Another Vs. Opg ...

Court : Appellate Tribunal for Electricity APTEL

Decided on : Mar-01-2011

..... has come into force by a gazette notification of the government of tamil nadu on 24.06.2005. the enabling power behind framing the regulations is section 181 of the act. it is needless to say, though not utterly irrelevant, that open access means non-discriminatory provision for use of transmission line or distribution or associated facilities with such lines or .....

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Feb 18 2011 (TRI)

Chhattisgarh State Power Distribution Co. Ltd Vs. Godawari Power and I ...

Court : Appellate Tribunal for Electricity APTEL

Decided on : Feb-18-2011

..... , captive power plant which is a generator. therefore, the state commission has got the jurisdiction to entertain and adjudicate upon this dispute under section 86(1)(f) of the electricity act, 2003. (2) the parallel operation charges are payable on the installed capacity of the captive power plant. the captive power plant consists of a number of machines and equipments. then ..... like ht motors. (vi) the variation in the voltage and frequency at the time of starting large motors and heavy loads, is minimized in the industry, as the grid supply acts as an infinite bus. the active and reactive power demand due to sudden and fluctuating load is not recorded in the meter. (vii) the impact created by sudden load throw ..... . it is not disputed that the 1st respondent in the capacity of captive power plant filed the petition before the state commission under section 86(1)(f) of the electricity act, 2003. as a captive power plant, the 1st respondent is not only engaged in the manufacture of iron and steel but also engaged in the generation of power. the following ..... , and the distribution licensee, the appellant herein. therefore, there is a dispute between the generating company and the licensee within the meaning of section 86(1) (f) of the electricity act, 2003. therefore, the state commission had got jurisdiction as there is no consumer dispute in the present case. (ii) the parallel operation charges are payable on the installed capacity of .....

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Jul 22 2011 (TRI)

In the Matter Of: Tamil Nadu Electricity Consumersand#8217; Associatio ...

Court : Appellate Tribunal for Electricity APTEL

Decided on : Jul-22-2011

..... future tariff orders cross subsidies for different categories of consumers are determined according to the regulations and the cross subsidies are reduced as per the provisions of the act. the state commission is also directed to determine the variation of tariff of different categories of consumers with respect to average cost of supply and provide consequential relief ..... consumers to maintain power factor at a prescribed level and allow incentive/disincentive for maintaining above /below the prescribed level. 11.5. section 61(e) of the 2003 act provided for consideration of the principles rewarding efficiency in performance. 11.6. the state commission in the impugned order has specified the power factor required to be maintained ..... consumers, the state commission records as under: (3) the commission has been advocating measuring of electricity supplied to various consumers. in fact, section 55 of the electricity act envisages supply of electricity through correct meters. the specification of the meters has already been laid down by the central electricity authority way back in may 2006. extension of ..... tneb. this issue has also received the attention of the central government at the time of formulation of national electricity policy (nep) under section 3 of the electricity act, 2003 and finalized in consultation with state governments. the nep stipulates that for ensuring financial viability and sustainability, state governments would need to restructure the liabilities of the .....

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Mar 17 2011 (TRI)

Tamilnadu State Electricity Board, Chennai Vs. Tamil Nadu Electricity ...

Court : Appellate Tribunal for Electricity APTEL

Decided on : Mar-17-2011

..... appropriate commission. (2) such procurement by distribution licensees for future requirements shall be done, as far as possible, through competitive bidding process under section 63 of the act within suppliers offering energy from same type of non-conventional sources. in the long-term, these technologies would need to compete with other sources in terms of full costs ..... have passed the impugned order without there being any guidelines from the central commission and without bidding process. before proceeding further let us examine the relevant provisions of electricity act 2003 and tariff policy, which are reproduced below: tariff policy 6.4 non-conventional sources of energy generation including co-generation: (1) pursuant to provisions of ..... competitive bidding . 50. appellant has submitted that the state commission has gone beyond the national tariff policy especially when sections 61 and 86(1)(e) of the electricity act 2003, enjoin the state commission to discharge its function based on national electricity policy and tariff policy. appellant contended that sub-clause (3) of clause 2.5 ..... facility could be provided by them on priority basis, if they are permitted to collect infrastructural development charges. the commission does not accept this plea because the electricity act 2003 makes it clear that it shall be the responsibility of the transmission utilities and the distribution licensee to create the appropriate infrastructure. therefore, the commission prescribes the .....

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Jul 11 2011 (TRI)

In the Matter: K. Raheja Corporation Pvt.Ltd, Mumbai Vs. Maharashtra E ...

Court : Appellate Tribunal for Electricity APTEL

Decided on : Jul-11-2011

..... to determine the bst for all the distribution franchisees. further, the commission holds that determination of bst is part of the process under section 64 of the electricity act, 2003 for determination of aggregate revenue requirement and tariff and hence, cannot be determined de hors the process under section 64. moreover, the commission cannot undertake ..... canvass a case that ht industrial commercial category consumer and commercial category consumer would undertake sub-distribution to mixed loads without obtaining a valid licence under the electricity act, 2003, while on the other hand advance submissions that the commission ordered for discontinuance of single point supply, particularly when several allegations were made in the print ..... the affected consumers is not sustainable. moreover, the commissions order dated 03.10.2006 was directed against errant consumers to ensure compliance with the provisions of the act. also, the commission provided all clarifications as were sought for. c) commercial/residential complexes and buildings receive single point supply in individual name. therefore, sub-distribution ..... cases:- a) distribution licensee has not laid distribution back-bone, b) unable to supply required power, c) unable to supply required power in allowed time under the act? the maharashtra electricity regulatory commission (distribution open access) regulations, 2005 specifies the eligibility to seek open access and accordingly so far as eligibility criterion is satisfied a .....

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