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Supreme Court of India · 2010-03-15

PTC INDIA LTD. vs CENTRAL ELECTRICITY REG. COMM. THR.SECY.

Citation / case number
SC 2006/15705
Court
Supreme Court of India
Petitioner
PTC INDIA LTD.
Respondent
CENTRAL ELECTRICITY REG. COMM. THR.SECY.
Author
ARIJIT PASAYAT
Bench
K.G. BALAKRISHNAN,S.H. KAPADIA,R.V. RAVEENDRAN,B. SUDERSHAN REDDY,P. SATHASIVAM

Judgment text excerpt

The Supreme Court held that the Appellate Tribunal for Electricity has jurisdiction to question the validity of regulations framed under Section 178 of the Electricity Act, 2003, contrary to the Tribunal's reliance on the West Bengal Electricity Regulatory Commission case which stated that a Tribunal cannot question the vires of the provisions under which it operates. The Court clarified that the fixation of trading margin is distinct from tariff fixation, and the Tribunal's powers under Section 121 of the 2003 Act allow it to supervise statutory functions. The appeals were allowed, affirming the Tribunal's jurisdiction to review the regulations.

PTC INDIA LTD. vs CENTRAL ELECTRICITY REG. COMM. THR.SECY. · Niyam