B.S.E.S.RAJDHANI POWER LTD. vs GOVT. OF N.C.T. OF DELHI & ANR

Judgment text excerpt

$~P-2 * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on: 01.07.2025 + W.P.(C) 9491/2005 B.S.E.S. RAJDHANI POWER LTD. .....Petitioner Through: Mr. Amit Kapur, Mr. Anupam Varma, Mr. Nikhil Sharma, Ms. Simran Kohli and Mr. Krishan Singh Rana, Advocates. versus GOVT. OF N.C.T. OF DELHI & ANR .....Respondents Through: Mr. Udit Malik ASC with Ms. Rima Rao and Ms. Palak Sharma, Advocates for GNCTD. Mr. Abhinav Sharma, Ms. Avsi Malik, Ms. Aakriti Jain, Advocates. Mr. Ashish Kumar and Mr. Anubhav Deep Singh, Advocates for R-2. CORAM: HON’BLE MR. JUSTICE PRATEEK JALAN JUDGMENT 1. By way of this petition under Article 226 of the Constitution, the petitioner assails an order of the Government of National Capital Territory of Delhi [“GNCTD”] dated 21.05.2004, as being violative of a Transfer Scheme, by which the undertaking and assets of the Delhi Vidyut Board [“DVB”] were transferred to its successor entities. A. FACTUAL BACKGROUND: 2. Prior to enactment of the Delhi Electricity Reforms Act, 2000 [“the Signature Not Verified Signed By:BHUPENDER W.P.(C) 9491/2005 Page 1 of 24 Signing Date:01.07.2025 17:58:45 2000 Act”], DVB was responsible for supply of electricity in the National Capital Territory of Delhi. By virtue of the 2000 Act, enacted with effect from 03.11.2000 by GNCTD, DVB was unbundled into various successor companies on 06.01.2001 for generation, transmission and distribution of electricity. The undertaking and assets of DVB were to vest in the successor undertakings by way of the Delhi Electricity Reform (Transfer Scheme) Rules, 2001 [“Transfer Scheme Rules”], under Sections 14 and 15 of the 2000 Act. The distribution undertaking of DVB was to be unbundled into three distribution companies [“DISCOMs”]. 51% of the shareholding and control of each DISCOM was to be sol