VidhiSangh

Supreme Court of India · 17/05/2024

M/S SUNDEW PROPERTIES LIMITED versus TELANGANA STATE ELECTRICITY REGULATORY COMMISSION & ANR.

[2024] 5 S.C.R. 739 · 2024 INSC 439

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Summary

An SEZ developer must apply under Regulation 13 for scrutiny and recognition as a deemed distribution licensee, but recognition cannot be conditioned on the additional capital requirements applicable to ordinary licence applicants. The direction requiring Sundew’s promoters to infuse Rs.26.90 crore was removed, while its recognised deemed-licensee status remained. General licence conditions did not import the separate initial-licensing requirement.

Issues

  1. Whether SEZ developer status dispensed with an application for regulatory recognition.
  2. Whether Rule 3(2) capital requirements and Regulation 12 applied to this deemed licensee.
  3. Whether Regulation 49 or Sesa Sterlite supported the capital condition.

Provisions considered

Held

Result

Appeal partly allowed; Rs.26.90 crore additional-capital condition removed. Recognised deemed-distribution-licensee status preserved; no costs.

Judgment PDF: Supreme Court of India, [2024] 5 S.C.R. 739.