VidhiSangh

Supreme Court of India · 29/11/2019

TRANSMISSION CORPORATION OF ANDHRA PRADESH LIMITED versus M/S RAIN CALCINING LIMITED & OTHERS

[2019] 17 S.C.R. 474 · 2019 INSC 1300

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Summary

The Court restored APERC’s orders fixing wheeling and grid-support charges and ending earlier concessional incentives. The State reforms legislation and regulations empowered tariff determination for transmission and distribution, including changes affecting existing arrangements. Joint applications and the expert assessment of integrated-system costs and losses were upheld. The renewable-energy incentives had been reviewable rather than an unequivocal perpetual promise, and promissory estoppel did not compel their continuation.

Issues

  1. Whether APERC had statutory power to fix wheeling and grid-support charges despite existing agreements.
  2. Whether the joint applications and determination of system charges were valid.
  3. Whether earlier renewable-energy incentives had to continue through promissory estoppel.

Provisions considered

Held

Result

Appeals allowed. High Court orders concerning wheeling and grid-support charges and APTEL order continuing incentives under the 1997 and 1998 government orders set aside. APERC’s orders restored. No costs.

Judgment PDF: Supreme Court of India, [2019] 17 S.C.R. 474.