VidhiSangh

Supreme Court of India · 23/07/2018

BHASKAR SHRACHI ALLOYS LTD. ETC.ETC. versus DAMODAR VALLEY CORPORATION & ORS. ETC.

[2018] 10 S.C.R. 773 · 2018 INSC 629

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

Summary

The Supreme Court upheld the Electricity Appellate Tribunal’s treatment of Damodar Valley Corporation’s tariff. The fourth proviso to Section 14 of the Electricity Act, 2003 substantively preserves consistent provisions of the DVC Act, including its financial provisions; subordinate tariff regulations cannot override them. The Court sustained the transition period, CERC jurisdiction and challenged tariff components, finding no substantial question warranting interference.

Issues

  1. Whether the DVC Act’s consistent financial provisions survive the Electricity Act and prevail over conflicting tariff regulations.
  2. Whether the transition period, regulatory jurisdiction and challenged tariff allowances required interference under Section 125.

Provisions considered

Held

Result

All appeals dismissed; Appellate Tribunal’s judgment and order dated 23 November 2007 affirmed.

Judgment PDF: Supreme Court of India, [2018] 10 S.C.R. 773.