VidhiSangh

Supreme Court of India · 03/12/2018

DAMODAR VALLEY CORPORATION versus CENTRAL ELECTRICITY REGULATORY COMMISSION & OTHERS

[2018] 14 S.C.R. 433 · 2018 INSC 1127

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

The Supreme Court dismissed Damodar Valley Corporation’s tariff appeal. Its surviving statutory entitlement to interest on capital had already been serviced through return on normative equity and interest on the loan component under the binding earlier directions. Additional interest on the whole capital was not warranted. The challenge to reducing normative loans by cumulative depreciation could not be reopened after the first round became final; that legal question was not answered on merits.

Issues

  1. Whether statutory interest on capital required an additional allowance beyond return on equity and interest on normative debt.
  2. Whether the cumulative-depreciation methodology could be challenged after remand when it had not been disputed in the first round.

Provisions considered

Held

Result

Appeal dismissed; no interference with the tariff determination. Cumulative-depreciation question declined on finality grounds. Parties to bear their respective costs.

Judgment PDF: Supreme Court of India, [2018] 14 S.C.R. 433.