High Court of Karnataka Adjudicates Challenge to Karnataka Electricity Regulatory Commission Order on Wheeling and Banking Charges for Renewable Energy Generators. The court examined the validity of the order dated 14.05.2018 under the Electricity Act, 2003.

High Court: Karnataka High Court Bench: BENGALURU
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Case Note & Summary

A batch of writ petitions under Articles 226 and 227 of the Constitution of India was filed before the High Court of Karnataka by several renewable energy companies, including Renew Power Limited, Clean Max Enviro Energy Solutions, Avaada Sustainable Energy, Embassy Energy, and others, along with a partnership firm and individuals. The petitions challenged an order dated 14.05.2018 passed by the Karnataka Electricity Regulatory Commission (KERC). The respondents included various electricity supply companies (BESCOM, CESC Mysore, MESCOM, HESCOM, GESCOM), Karnataka Power Transmission Corporation Limited, and the State of Karnataka. The petitioners sought to quash the impugned KERC order, which purportedly related to wheeling and banking charges for renewable energy projects under open access. Senior advocates appeared for both sides, and the court heard arguments on the legality of the order. However, the detailed factual background, specific legal issues raised, arguments advanced, and the court's reasoning and decision are not contained in the provided judgment excerpt.

Issue of Consideration

Whether the impugned order dated 14.05.2018 passed by the Karnataka Electricity Regulatory Commission is liable to be quashed.

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Case Details

2019 LawText (KAR) (03) 21

W.P.Nos.23158-23162/2018, 23449-23457/2018, 22838/2018, 22841-22842/2018, 23069-23070/2018, 23078/2018, 23119/2018, 23080/2018, 23118/2018, 23085/2018, 23086/2018, 23116/2018, 23108-23109/2018, 23242/2018, 23696/2018, 23700/2018, 23851/2018, 23990-23995/2018, 24248-24259/2018, 25090/2018, 26480/2018, 28622/2018, 53531/2018, 39329/2018

2019-03-13

S. Sujatha, J.

Aditya Sondhi (Sr. Adv.) for Kusum Ranganath, Prabhuling K. Navadgi (Sr. Adv.) for Rajeshwara P.N., N. Venkataraman (Sr. Adv.) for Suraj Govinda Raj, Suraj Govinda Raj (Adv.), Shahbaaz Hussain (Adv.), S.S. Naganand (Sr. Adv.) for S. Sriranga, M.C. Nagashree (Adv.), Murugesh V. Charati (Adv.), H.V. Devaraju (Adv.), B.N. Prakash (Adv.) for M/s Lawyer Inc., Jyothi M. (AGA)

Renew Power Limited, Renew Saur Urja Private Limited, Renew Wind Energy (Budh 3) Private Ltd., Renew Saur Vidyut Private Ltd., Renew Wind Energy (Karnataka) Private Ltd., Renew Wind Energy (AP) Private Ltd., Clean Max Enviro Energy Solutions Private Limited, Clean Max Power Projects Private Limited, Cleanmax IPP2 Private Limited, Clean Max Mercury Power Private Limited, Clean Max Photovoltaic Private Limited, RFE Belgaum Solar Private Limited, AMP Solar Solution Private Limited, Bagmane Green Power LLP, Avaada Sustainable Energy Private Limited, Embassy Energy Pvt. Ltd., Pradeep Nenumal Lala, INR Energy Ventures, Venkata Narayana Konanki, Mamadapur Solar Private Ltd.

Bangalore Electricity Supply Company Ltd., Chamundeshwari Electricity Supply Corporation Ltd., Mangalore Electricity Supply Company Ltd., Hubli Electricity Supply Company Ltd., Gulbarga Electricity Supply Company Ltd., Karnataka Power Transmission Corporation Ltd., Karnataka Electricity Regulatory Commission, State of Karnataka

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Nature of Litigation

Writ petitions under Articles 226 and 227 of the Constitution of India challenging an order of the Karnataka Electricity Regulatory Commission dated 14.05.2018.

Remedy Sought

Petitioners sought to quash the impugned order dated 14.05.2018 passed by KERC.

Filing Reason

The petitioners were aggrieved by the order of KERC and sought its quashing.

Procedural History

The petitioners filed writ petitions before the High Court of Karnataka challenging the KERC order dated 14.05.2018. The matters were clubbed together and taken up for hearing. The court pronounced judgment on 13.03.2019.

Acts & Sections

  • Constitution of India: Articles 226, 227
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