VidhiSangh

Supreme Court of India · 25/10/2017

GUJARAT URJA VIIKAS NIGAM LIMITED versus SOLAR SEMICONDUCTOR POWER COMPANY (INDIA) PRIVATE LIMITED AND OTHERS

[2017] 14 S.C.R. 115 · 2017 INSC 1053

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

Summary

The Gujarat Commission extended a solar project’s tariff control period through inherent powers despite the power-purchase agreement’s lower-tariff consequence for delayed commissioning. In concurring opinions, the Court held that inherent procedural powers could not supply that substantive relief. It set aside the extension while preserving any legally available application for tariff redetermination.

Issues

  1. Whether inherent powers or the time-extension regulation authorised a project-specific extension of the tariff control period.
  2. Whether an earlier remand and dismissal of appeals settled that power conclusively.
  3. Whether statutory tariff redetermination remained available.

Provisions considered

Held

Result

Appeal allowed; impugned Commission and Tribunal orders set aside. Producer may pursue tariff redetermination if permissible under law, with all parties’ contentions open; no costs.

Judgment PDF: Supreme Court of India, [2017] 14 S.C.R. 115.