VidhiSangh

Supreme Court of India · 09/10/2023

M/S. DAKSHIN GUJARAT VIJ COMPANY LIMITED versus M/S. GAYATRI SHAKTI PAPER AND BOARD LIMITED AND ANOTHER, ETC.

[2023] 15 S.C.R. 344 · 2023 INSC 886

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Summary

The Supreme Court clarified captive-power eligibility under the Electricity Act and Rules. Captive users must meet the minimum ownership and consumption requirements; ownership must be maintained throughout the financial year. Ownership transfers do not themselves destroy captive status. Group users other than registered cooperative societies, including users participating through special-purpose vehicles, must satisfy proportional consumption requirements, with weighted averages applied to ownership changes.

Issues

  1. What ownership and consumption requirements determine captive generating plant and user status.
  2. Whether subsequent ownership transfers qualify and whether year-end shareholding alone suffices.
  3. How proportionate consumption applies to group users and changes during the year.
  4. Whether a special-purpose vehicle is exempt from the association-of-persons requirements.

Provisions considered

Held

Result

The three legal issues were answered by declaring the captive-eligibility, continuous-ownership, weighted-average and SPV proportionality requirements. This judgment sets out the governing principles rather than recording individual factual disposal of every appeal.

Judgment PDF: Supreme Court of India, [2023] 15 S.C.R. 344.