Review Petition No. 25/2012 in Petition No. 36/MP/2012 and I.A. No. 55/2012 in Petition No. 45/MP/2012. Case: 1. M/s Dhampur Sugar Mills Limited, 2. Dalmia Bharat Sugar and Industries Ltd, New Delhi Vs 1. National Load Despatch Centre, New Delhi, Uttar Pradesh State Load Despatch Centre, Lucknow and Uttar Pradesh New and Renewable Energy Development Agency, Lucknow, 2. National Load Despatch Center, New Delhi, Uttar Pradesh State Load Despatch Centre, Lucknow, [Alongwith I.A. No. 56/2012 in Petition No. 46/MP/2012]. Central Electricity Regulatory Commission
| Case Number | Review Petition No. 25/2012 in Petition No. 36/MP/2012 and I.A. No. 55/2012 in Petition No. 45/MP/2012 |
| Counsel | For Appellant: Shri Sanjay Sen, DSML and Shri Rajiv Yadav, DSML and For Respondents: Ms. Minaxi Garg, NLDC |
| Judges | Dr. Pramod Deo, Chairperson, Shri S. Jayaraman, Member, Shri V.S. Verma, Member, Shri M. Deena Dayalan, Member |
| Issue | Uttar Pradesh Electricity (duty) Act, 1952 - Sections 3(1)(c), 3(4) |
| Judgement Date | January 08, 2013 |
| Court | Central Electricity Regulatory Commission |
Order:
1. The petitioner, Dhampur Sugar Mills Ltd has filed the review petition seeking the review of the order dated 18.10.2010 which was passed in Petition No. 36/MP/2012 and other related petitions. The petitioner has made the following prayers:
(a) Review the order dated 18.10.2012, passed in Petition No. 3 of 2012, to the extent it envisages in paragraph-25, the Petitioner's ability to forgo the benefit of abolition of electricity duty on consumption of electricity from one's own source of generation.
(b) Review the order dated 18.10.2012, passed in Petition no. 36 of 2012, to the extent of removing the requirement of the Petitioner to forego the concessional benefits, specified in the second proviso to Regulation 5 (1) of REC Regulations, as a condition precedent to participation in the REC Scheme.
(c) Pass such other order(s) as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.
The petitioner has submitted that the Commission's observation in para 25 of the order dated 18.10.2010 is de hors the REC Regulations notified by the Commission and the dispensation of the Government of Uttar Pradesh in respect of the electricity duty apart from being inconsistent with the directions and reasoning contained in the preceding paragraphs of the order under review.
2. The petitioner has submitted that the Commission in the impugned order has repeatedly stated that the eligibility criteria for RE captive generators and other RE generators are different, however, the said reasoning has been negated in para 25 of he order by applying the disqualifications specified in the second proviso meant for the Captive Generation Plant (CGP) in respect of other RE generators. The petitioner has submitted that the disqualifications and restrictions specified in the first proviso to Regulation 5 (1) is applicable to all RE generators regardless to their CGP status. However, the disqualifications specified in the subsequent provisos are applicable to CGPs only and should not be made applicable to other RE generators.
3. The petitioner has further submitted that the order under review has been passed without examining the provisions of Uttar Pradesh Electricity (Duty) Act, 1952 and the underlying statutory scheme. It has been submitted that Section 3(1)(c) of the Uttar Pradesh Electricity (Duty) Act 1952 is the charging section for levy of duty on energy consumed by any other person from his own sources of generation at such...
To continue reading
Request your trial